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Chapter 7 Credit Agreements

Dechert LLP

Are Lockbox Lenders Subject to Implied Duties?

Dechert LLP on

Recently, in In re Moon Group Inc., a bankruptcy court said no, but the district court, which has agreed to review the decision on an interlocutory appeal, seems far less sure. The bankruptcy court held that a lockbox...more

King & Spalding

Southern District of New York holds that intercreditor agreement allows for payment of subordinated lender’s post-petition...

King & Spalding on

On January 27, 2017, the United States District Court for the Southern District of New York ruled that the subordinated creditor was entitled to payment of post-petition interest prior to repayment of the senior lender’s...more

Troutman Pepper

Security Agreement: When Drafting You Better Say What You Mean

Troutman Pepper on

State Bank of Toulon v. Covey (In re Duckworth), 776 F.3d 453 (7th Cir. 2014) – A chapter 7 trustee sought to treat a secured lender as unsecured based on an error in the security agreement. The lender argued that the...more

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