In re Tires N' Tracks, Inc., 498 B.R. 201 (Bankr. N.D. Ill. 2013)
Aug 27, 2013OUTCOME: Mr. Peck's and Mr. Johnson's client obtained first priority over all other creditors for purposes of the distribution of the debtor's assets.
In a significant victory for their client, attorneys Reese J. Peck and Derek M. Johnson successfully argued to the Bankruptcy Court that the first secured lienholder lost its secured creditor status by ... dismissing its citation to discover assets in its state court proceedings against the debtor. As a result, the first secured lienholder became an unsecured creditor, and Mr. Peck's and Mr. Johnson's client (a subcontractor of the debtor and formerly the second secured lienholder) became the first secured lienholder.
