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State Law Limits Creditor Control Over Cash Collateral Used to Maintain the Collateral

by Kelly G. Black | Oct 27, 2016 | Cash Collateral, Using Cash Collateral to Maintain Collateral

Another argument for approving operating expenses more readily than other uses arises under state law. Under the state law or the contract, a creditor’s interest in the cash collateral may extend only to the net rents or net proceeds or, alternatively, the...

Using Cash Collateral for Operating Expenses Adequately Protects the Collateral

by Kelly G. Black | Oct 25, 2016 | Cash Collateral, Using Cash Collateral to Maintain Collateral

One of the reasons that operating expenses can be approved more readily than other uses is that the spending itself preserves the value of the collateral. This is a bankruptcy-specific question: whether the proposed use of cash collateral “provide[s] adequate...

What are Operating Expenses?

by Kelly G. Black | Oct 25, 2016 | Cash Collateral, Using Cash Collateral to Maintain Collateral

When a debtor seeks permission to use cash collateral, “operating expenses” can be approved more readily than other uses. In this context, the term “operating expenses” is tied to the collateral. I use it as a shortcut for the more precise...

Using Cash Collateral to Maintain the Collateral

by Kelly G. Black | Oct 23, 2016 | Cash Collateral, Using Cash Collateral to Maintain Collateral

One of the less controversial uses of cash collateral is cover reasonable and necessary operating expenses relating to the underlying collateral. This type of spending maintains the value of income producing collateral and of the cash collateral stream itself. For...

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Kelly G. Black, PLC

kelly black Arizona bankruptcy counsel

About Us

Kelly G. Black, PLC is located in Mesa, Arizona and provides legal services primarily in the areas of Bankruptcy, Commercial Litigation, and Arbitration and Mediation. Mr. Black has twenty five years of experience as an Arizona attorney, and over ten years of experience with bankruptcy practice.

2929 N. Power Rd Ste. 101, Mesa, AZ 85215-1746

480-639-6719

kgb@arizonabankruptcycounsel.com

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  • Bankruptcy Overview
  • Chapter 7 Bankruptcy
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Recent Posts

  • Where is my coronavirus relief check?
  • What Do I Do If a Debt Collector Won’t Stop Calling Me?
  • Will I Lose My House If I File For Bankruptcy?
  • What Do I Do If My Car Gets Repossessed?
  • What To Do If Your Wages Are Garnished

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