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Secured Lender's Loss of Possessory Lien Affirmed

The U.S. Bankruptcy Appellate Panel (BAP) for the Eighth Circuit recently held that a lender "lost its possessory lien when it turned the Debtor's account funds over to the Trustee <I>without first seeking adequate protection."</I>

31 minute read June 21, 2013 at 09:28 AM
By
Lawrence S. Goldberg, David M. Hillman And Michael L. Cook
Secured Lender's Loss of Possessory Lien Affirmed

The U.S. Bankruptcy Appellate Panel (BAP) for the Eighth Circuit held on March 25, 2013, that a lender “lost its possessory lien when it turned the Debtor's account funds over to the Trustee without first seeking adequate protection.”

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