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Debtors Chapter 7 Collateral

ArentFox Schiff

Avoiding Collateral Damage: Lessons of Lehman [Part II]

ArentFox Schiff on

In light of the banking failures of Silicon Valley Bank, Signature Bank and First Republic (as well as Credit Suisse), this summer, the Federal Reserve and the FDIC proposed guidance and rules for larger banks to (i) develop...more

Troutman Pepper

Bankruptcy Case Is Reminder on Collateral Ownership Issue

Troutman Pepper on

On April 28, the U.S. Bankruptcy Court for the Northern District of Oklahoma in Kirtley v. Mabrey Bank (In re: Rudick) held that an entity other than the debtor may grant a lien on the debtor’s property, affirming the legal...more

Bradley Arant Boult Cummings LLP

Bradley’s Bankruptcy Basics: Chapter 7 Bankruptcy — Liquidation

Chapter 7 bankruptcy cases are straight liquidations sought by debtors who wish to have most or all of their debts discharged. In Chapter 7 cases, the Chapter 7 trustee obtains control over the debtor’s assets and evaluates...more

Jones Day

A Lesson in DIP Financing Due Diligence

Jones Day on

The Bankruptcy Code contains an array of provisions designed to encourage lenders to provide debtor-in-possession ("DIP") financing in chapter 11 cases, including authorization of "superpriority" administrative expense claims...more

Patterson Belknap Webb & Tyler LLP

Litigation Funders’ Collateral Did Not Include Malpractice Claims

When the fallout from failed intellectual-property litigation collides with bankruptcy, the complexities may be dizzying enough, but when the emerging practices and imperatives of litigation financing are imposed on those...more

Burr & Forman

Debtors Who Misuse Collateral Can Lose the Benefit of Discharging their Debt in Bankruptcy

Burr & Forman on

On November 21, 2016, in a case entitled In re Monson, the Eleventh Circuit Court of Appeals affirmed the Bankruptcy Court’s decision, which held that a debtor’s conduct constituted a willful and malicious injury to a...more

Blank Rome LLP

Lenders' risk: Who really owns the collateral?

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Unlike real estate transactions where a lender can obtain title insurance, secured lenders are often relying upon the representations and warranties in their loan agreement and the borrower’s audited financial statements, if...more

Burr & Forman

Bankruptcy Courts In Georgia And Florida Show Obedience To Eleventh Circuit Court Of Appeals And Reluctantly Begin To Allow Lien...

Burr & Forman on

Three bankruptcy courts within the Eleventh Circuit have recently issued opinions in which they have reluctantly allowed the debtor to entirely strip off the interests held by junior lienholders when the value of the real...more

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