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Once bankruptcy proceedings have commenced, can we file financing statements to perfect our liens on our loan collateral if we haven’t already done so? – IBA Compliance Connection

Once bankruptcy proceedings have commenced, can we file financing statements to perfect our liens on our loan collateral if we haven’t already done so?

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We do not recommend taking any action to perfect security interests against a debtor who has filed for bankruptcy. Once a bankruptcy case has commenced, the Bankruptcy Code prohibits all creditors from making “any act to create, perfect, or enforce against property of the debtor any lien” to enforce a security interest that arose before the commencement of the case. 11 USC 362(a)(5).