Section 1126 of the Bankruptcy Code and the Dangers of Sleeping On Your Rights As A Creditor
A seat at the table: this is what you likely want when your financial interests are drawn into a bankruptcy court proceeding. You’ll seek to be heard and do what you can to maximize your recovery. This is especially true if you’re a creditor in a chapter 11 case. Yet a recent decision shows what can happen if you do the opposite and choose to “sit one out” rather than have a say in the outcome of a chapter 11 case. In re Fred Bressler, No. 20-31023, 21 WL 126184 (Bankr. S.D. Tex. Jan. 13, 2021).
Debtor Fred Jay Bressler, M.D. filed for bankruptcy under chapter 11, subchapter V of title 11 of the Bankruptcy Code. Two mortgage companies held more than $800,000 in secured claims, and 33 creditors had unsecured claims totaling about $1.1 million. One of the secured claims was held by Harris County, Texas, for approximately $14,000 in unpaid property taxes on Dr. Bressler’s personal residence.
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Patterson Belknap Webb & Tyler LLP by Lance Kodish and Daniel A. Lowenthal. Published February 8, 2021.