The stay, the deadlines and the claims that get paid first.
Esshaki Legal Media TeamCurrent as of March 2022
A bankruptcy filing changes every creditor’s position immediately, and several
of the most consequential deadlines run early.
The automatic stay halts collection, litigation, enforcement, setoff and
lien perfection on filing. Violations expose the creditor to damages. Relief
from stay is available on cause, including lack of adequate protection, or where
the debtor has no equity and the property is not necessary to reorganization.
Proof of claim. Filed by the bar date, with supporting documentation.
Secured creditors should file to protect the deficiency and to establish the
claim amount.
Adequate protection. A secured creditor whose collateral is depreciating may
seek payments, replacement liens or other relief.
Priorities. Secured claims to the extent of collateral value; then
administrative expenses; then statutory priorities including certain wage and
tax claims; then general unsecured claims.
Preferences. Payments received within ninety days before filing, or a year
for insiders, may be recovered. Defenses include contemporaneous exchange for
new value, ordinary course of business, and subsequent new value.
Executory contracts and leases may be assumed or rejected, with cure of
defaults required on assumption.
Reclamation and administrative claims for goods delivered shortly before
filing have short deadlines that are easily missed.