The Pre-Petition Right to Post-Petition Income Streams and the Misinterpretation of § 552
The Pre-Petition Right to Post-Petition Income Streams and the Misinterpretation of § 552
December 1, 2010
American Bankruptcy Institute Journal
Erin Casey, principal in the firm's Bankruptcy Group, and Randall Klein, chair of the firm’s Bankruptcy Group, co-authored the article "The Pre-Petition Right to Post-Petition Income Streams and the Misinterpretation of § 552" in the December 2010 issue of the American Bankruptcy Journal.
The article discusses the recent Las Vegas Monorail chapter 11 case, in which the bankruptcy judge ruled that the cash flow lender's pre-petition liens did not attach to post-petition cash flows. Casey and Klein believe the opinion was incorrectly decided and could have negative implications on the cash-flow lending industry.
