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Recent Decision on Derivative Standing by a Creditors’ Committee to Challenge a Lender’s Liens

PBWT

One way committees try to enhance recoveries is by seeking “derivative standing” to commence adversary proceedings challenging the validity of a secured lender’s pre-petition liens. The debtor operated 28 franchise restaurants primarily in the Sun Belt region. In re Platinum Corral, LLC , No. ’" Id.

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JUST IN TIME: NEW BANKRUPTCY RELIEF FOR SMALL BUSINESSES – NEW YORK LAW JOURNAL

Collection Industry News

million in light of the unprecedented financial distress being experienced by small businesses all across the county, including especially by small retailers and manufacturers, restaurants and services providers. Only the company’s owner may file a plan in a Subchapter V case; there are no creditor plans permitted. million to $7.5