In an age of historically low interest rates, lenders rely on fee income and other devices to enhance their returns. One of these mechanisms -- and one that can have dramatic consequences for a borrower -- is the inclusion of...more
- Borrowers Interest Rates Lenders Loans Make-Whole Premium
Can an equity investor who directs an insider to contribute "new value" to a debtor under a plan of reorganization, so as to retain his interest in the company, avoid an express market test for that new equity? The answer to...more
- Absolute Priority Rule Chapter 11 Competitive Bidding Debtors Equity Investors In re Castleton Plaza New Value Plans Reorganizations Unsecured Creditors
Is a bankrupt pledgor legally bound to fulfill its promise to pledge a gift; or will a nonprofit have a successful claim against a pledgor if there is a subsequent failure to make payment because of a bankruptcy filing? A...more
- Clawback Agreements Pledges
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