News & Analysis as of

Commercial Loans Creditors

White & Case LLP

Debt-for-nature swaps: A viable alternative for vulnerable economies amid global challenges

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Debt-for-nature swaps convert debts of low- and middle-income countries, unable to service external debts, into commitments related to nature. In the face of recent geopolitical tensions, economic challenges and growing...more

BCLP

Crisis Averted: Second Circuit Rejects Effort to Recast Secured Loans as Securities

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On August 24, 2023, the Second Circuit prevented turmoil in the commercial lending market, ruling in Kirschner v. JP Morgan Chase Bank, N.A. (JPM), et al. that syndicated secured term loan notes were not securities for...more

McGlinchey Stafford

What Defects Must Be Disclosed When Selling My Home?

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Caveat Emptor- Nieberding v. Barrante, 8th Dist. Cuyahoga No. 110103, 2021-Ohio-2593- In this appeal, the Eighth Appellate District affirmed the trial court’s decision, agreeing that the sellers had no obligation to...more

Farella Braun + Martel LLP

Hidden Liens in Custom Crush Relationships: How to Avoid Being Caught Between Creditors

Custom crush is an effective method for vintners to start and grow their label and brand without requiring the capital intensive investment of a dedicated winery. When evaluating potential custom-crush facilities and...more

Miller Canfield

Michigan’s Receivership Act: No Longer Just for Commercial Real Estate

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The Uniform Commercial Real Estate Receivership Act (“UCRERA”), adopted by Michigan in 2018, originally applied only to receiverships over commercial real estate. An amendment effective October 15, 2020, shortens the name of...more

Spilman Thomas & Battle, PLLC

Bankruptcy and Creditors' Rights Issues in Light of COVID-19

Spilman Thomas & Battle attorneys cover legal, procedural, and practical issues related to creditors' rights on commercial and consumer loans. We also cover how SBA lending options might help alleviate some of the short-term...more

Dechert LLP

US Bankruptcy Filing Limitations - How Far Can You Go?

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In order to file for bankruptcy, a corporate entity must be legally authorized to do so. Whether the bankruptcy petition has been duly authorized is governed by state law and often depends on the entity’s governance...more

Hogan Lovells

Legal and Financial Risk - July 2017

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Secured creditors are not left out in the cold - In the recent case of Kevin Taylor v Van Dutch Marine Holding Ltd and others, the High Court decided that the exercise of existing rights by a secured creditor should not be...more

Hogan Lovells

Secured creditors are not left out in the cold

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In the recent case of Kevin Taylor v Van Dutch Marine Holding Ltd and others, the High Court decided that the exercise of existing rights by a secured creditor should not be regarded as a disposal by a defendant, and as a...more

Clark Hill PLC

Illinois Bankruptcy Court Nullifies Lender's Right To Block Debtor's Bankruptcy Filing

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Often, as part of a forbearance agreement, a lender will obtain a provision requiring its consent to any subsequently filed bankruptcy; the theory being that if the business debtor subsequently defaults under its restructured...more

Parker Poe Adams & Bernstein LLP

Of ECOA and the FDCPA – A Tie in the Supreme Court and A Fourth Circuit Win for Debt Collection

It was a busy week in the fabled halls of justice last week as judges undoubtedly worked to get out a few more opinions before Easter break. Two opinions, one from the Supreme Court and one from the Fourth Circuit Court of...more

K&L Gates LLP

A Guaranty Is Only As Good As The Person Who Signs It: Enforcing Commercial Lending Guaranties In Massachusetts

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Guaranties are common practice in the commercial lending industry. Typically, the borrower is a small corporation, limited liability company, or similar entity that is thinly capitalized with few (likely encumbered) assets....more

Bilzin Sumberg

Q&A With Bilzin Sumberg's Scott Baena

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Scott L. Baena is a senior partner with Bilzin Sumberg Baena Price & Axelrod LLP in Miami and chairman of the firm's restructuring and bankruptcy group. His practice focuses on creditor's rights, workouts, bankruptcy and...more

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