Skip to Main Content

Insight

July 2009
Bankruptcy Law360

Limiting Trustee Remedies in Lien Avoidance Actions

By Rochelle Rabeler, Co-Author

Limiting Trustee Remedies in Lien Avoidance Actions

In July 2009, Ms. Rabeler was featured with fellow attorney Jack Smith as a guest columnist in Bankruptcy Law360, in a piece examining a ruling issued by the Bankruptcy Appellate Panel for the Tenth Circuit which limits remedies in lien avoidance actions, and which has a significant impact on bankruptcy trustees, as well as on secured lenders, especially consumer lenders. The ruling favors secured creditors whose liens are challenged. Ms. Rabeler represented one of the creditor defendants in that Tenth Circuit matter.

This publication is designed to provide general information on pertinent legal topics. The statements made are provided for educational purposes only. They do not constitute legal or financial advice nor do they necessarily reflect the views of Holland & Hart LLP or any of its attorneys other than the author(s). This publication is not intended to create an attorney-client relationship between you and Holland & Hart LLP. Substantive changes in the law subsequent to the date of this publication might affect the analysis or commentary. Similarly, the analysis may differ depending on the jurisdiction or circumstances. If you have specific questions as to the application of the law to your activities, you should seek the advice of your legal counsel.

DISCLAIMER

Unless you are a current client of Holland & Hart LLP, please do not send any confidential information by email. If you are not a current client and send an email to an individual at Holland & Hart LLP, you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us, unless we have already agreed to represent you or we later agree to do so. Thus, we may represent a party adverse to you, even if the information you submit to us could be used against you in a matter, and even if you submitted it in a good faith effort to retain us.