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Consolidated Appropriations Act, 2021: Key Real Estate Provisions

On December 27, 2020, President Trump signed into law the Consolidated Appropriations Act, 2021 (CAA 2021), a spending bill that includes economic stimulus relief related to the novel coronavirus disease (COVID-19) outbreak....more

Bona Fide Shareholder And Creditor With Consent Rights Can Block A Bankruptcy Filing

In February, we sent a client alert concerning “golden shares” and informed you that the United States Fifth Circuit Court of Appeals had accepted an extraordinary appeal of the question whether a “golden share” provision in...more

U.S. Circuit Court Protects Assets of Nonprofit Corporations From Creditors of an Affiliated Entity

In a decision with major implications for nonprofit organizations, the U.S. Eighth Circuit Court of Appeals recently protected over 200 nonprofit corporations affiliated with the bankrupt Archdiocese of Saint Paul and...more

“Golden Shares” May be Fool’s Gold for Lenders

February 16, 2018 – One of the biggest risks that any lender faces is a potential bankruptcy filing by its borrower. To counter that risk, lenders have developed creative strategies—with varying degrees of success—to gain...more

Banks Cannot Solve Their “Toxic Asset” Problems by Forcing Bad Loans and Real Estate on Unrelated Borrowers

In the wake of the post-2008 “Great Recession,” many financial institutions were left holding an odoriferous bag of non-performing loans and bank-owned real estate (“REO Property”) resulting from foreclosures on collateral....more

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