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James M. Lawniczak on the Responsibility of Trade Creditors to Verify Debtor's Authority to Use Cash Collateral

By James M. Lawniczak In this Emerging Issues Analysis, Lawniczak examines the 11th Circuit's holding in Marathon Petroleum Co., LLC v. Cohen (In re Delco Oil, Inc.), 599 F.3d 1255 (11th Cir. 2010), [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE...

James M. Lawniczak on Separate Classification of Deficiency Claims

James M. Lawniczak considers a Ninth Circuit appellate panel decision allowing separate classification of a lender's unsecured deficiency claim in a chapter 11 plan. The decision is part of the continuing conflict between single asset real estate debtors and secured creditors over plan confirmation...