News & Analysis as of

Chapter 11 Loan Documentation

ArentFox Schiff

Bankruptcy Court Rules Payment of Default Interest is Required to Reinstate Defaulted Loan

ArentFox Schiff on

With rising interest rates, one strategy a debtor can pursue as part of a reorganization is to reinstate a defaulted loan that has a below market rate. As the bankruptcy court for the Southern District of New York recently...more

Nelson Mullins Riley & Scarborough LLP

Crossing the “The”: The Importance of Careful Drafting for Recorded Mortgages

In Enter. Bank v. The Ingros Fam. LLC, et al., 2022 WL 2283392 (Bankr. W.D. Pa. June 23, 2022), a lender faced a potentially costly decision when it mistakenly left the word “The” from a borrower’s name. In Ingros, First...more

Moritt Hock & Hamroff LLP

Aggressive Pursuit Of Repayment Or Crossing The Line? Takeaways From The Bailey Tool Bankruptcy Case

A lender’s successful enforcement of loan documents following one or more events of default turns on a variety of factors, the most important of which is compliance with the terms of the relevant loan documents. When a lender...more

Lowenstein Sandler LLP

A Mortgage Loan Documentation Pitfall

Lowenstein Sandler LLP on

A consequence of the COVID-19 pandemic is that many companies are unable to operate their businesses partially or completely. As a result, they have been compelled to seek relief from their landlords, vendors and lenders. ...more

Patterson Belknap Webb & Tyler LLP

Clarity Of Drafting And Reliance On A Spouse For Bankruptcy Protection - A Cautionary Tale

The importance of clarity in drafting agreements can never be understated. And while there are strategies available to spouses of business owners to help protect a family in bankruptcy, it is imperative to properly plan and...more

Polsinelli

Lender's Edge Newsletter: December 2016

Polsinelli on

Enforcement of a Commercial Loan After the Property Securing the Loan is Sold or Transferred - Enforcement of due-on-sale clauses started growing in popularity in the 1970s as a result of instability in the economy and...more

6 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide