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| vol 19, num 1 | March 2022 |
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| After-Acquired Property: How Can a Lender Protect Its Pre-Petition Security Interest in Property Acquired by the Debtor Post‑Petition? |
| We’ve all seen it, right? Loan documents where a borrower grants a blanket security interest in nearly all of its assets to a lender, including assets that it may acquire in the future? These “after-acquired” security interests in real and personal property are all too familiar to most secured lenders — especially when lending to a sophisticated business with fluctuating assets. Security interests in a borrower’s future assets are intended to provide extra protection to the lender and are enforceable in most contexts. After-acquired clauses, however, are not guaranteed to give a secured lender a “leg up” once a bankruptcy
is filed. |
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| Secured Credit Committee Teaming with Asset Sales Committee at ABI's Annual Spring Meeting |
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At this year's ABI Annual Spring Meeting, being held April 28-30, 2022, at the JW Marriott in downtown Washington, D.C., the Secured Credit Committee will be partnering with the Asset Sales Committee to present "Challenges Facing Secured Creditors in Asset Sales." This session will focus on covering lenders’ perspectives on chapter 11 strategy and options, such
as note sales, out-of-court restructurings or formal bankruptcy sales. The panelists will also discuss lenders’ and borrowers’ perspectives on regulatory challenges and procedural issues, such as antitrust and environmental concerns, that are sometimes raised during a bankruptcy case, as well as issues with § 363 sales, DIP milestones and restructuring support agreements. Speakers for this panel include:
- Matt Guill of Configure (Atlanta)
- Maja Fink of Arnold & Porter (New York)
- Jeff Dutson of King & Spalding (Atlanta)
- Justin Bernbrock of Sheppard Mullin (Chicago)
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