at 41 ("[Section[ 363(f)(3) does not authorize the sale free and clear of a
lienholder's interest if the price of the estate property is equal to or less than the aggregate amount of all claims held by creditors who hold a lien or security interest in the property being sold.").
However, the primary
lienholder in this case was not as fortunate.
The money he took as a fee was subject to the claims of both the
lienholder and the client's insurance company, the bar said.
lienholder from obtaining post-petition interest under a
read "a claim secured only by a [homestead lien]" as referring to the
lienholder's entire claim, including both the secured and the unsecured components of the claim.
Without such an explicit provision, the doctrine of merger may prevent the senior
lienholder from exercising his or her lien.
If she can find such a company, then she still has to list you and the finance company on the insurance as owner and
lienholder, respectively.
"Failure to use the insurance proceeds in accordance with a security agreement between you and a
lienholder, if any, may constitute the criminal offense of defrauding a secured creditor in violation of Arkansas Code Section 5-37-203.
lienholder its right to vote on the plan of reorganization is suspect.
The owner or lienbolder may retake possession during business hours by appearing, proving ownership, releasing any law enforcement or official hold, and paying all charges or by other written arrangement between owner or
lienholder and towing/storage firm Failure to exercise the right to reclaim within the time prescribed constitutes a waiver by the owner and
lienholders of all right, title, and interest in the vehicle and contents, and constitutes consent to the sale, dismantling, or destruction of the vehicle and contents.
A
lienholder's ability to satisfy this preference defense depends on the value the debtor realizes from the lien rights that are being waived or released in exchange for the alleged preferential transfer.
