Experts Corner
MICHAEL L. WEISSMAN is of counsel to the Chicago law firm of Levin & Ginsburg and formerly served as Executive Vice President and General Counsel of Bridgeview Bank Group. His practice is devoted to financial and business transactions including the structuring of a wide variety of financing transactions. Mike has also actively prosecuted civil and bankruptcy matters on behalf of financial institutions and defended them in lender liability lawsuits. More...
PAUL HODNEFIELD is Associate General Counsel for Corporation Service Company (CSC). Mr. Hodnefield is an attorney licensed to practice in Minnesota and member of the ABA and Minnesota Bar Association. Prior to joining CSC, he was President of US Corporate Services, a national UCC service provider. More...
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May 2012
Court Finds Secured Party Perfected Despite Lapse in Bankruptcy

One situation that sometimes perplexes secured parties is whether to file a continuation statement if the financing statement will lapse during bankruptcy proceedings. On one hand, secured parties may be concerned that the filing would violate the automatic stay. On the other hand, they may be concerned that failure to file could leave the secured party unperfected. A court recently offered some guidance for secured parties on these issues. The case was In Re: Wilkinson, 2012 Bankr. LEXIS 1539 (Bankr. N.D. N.Y., April 10, 2012).

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