Last week, the American Bankruptcy Institute Commission to Study the Reform of Chapter 11 released its Final Report and Recommendations for amendment to the current Bankruptcy Code. The proposals contained therein are significant, and on the whole, largely harmful to the rights of secured creditors. As we have indicated in our prior client alerts published in 2014, the Report is only the latest salvo in the continuous onslaught against secured creditors’ rights that has been evident for the last several years. This is our first in a series of client alerts covering a number of the most impactful issues.
Client Alert