Guarantors

ECP Guarantor Provisions In Corporate Credit Agreements

by Stephen M. Quinlivan | Leonard, Street and Deinard - Dodd-Frank and... on 4/30/2013

Many corporate credit agreements are supported by subsidiary guarantees. Those guarantees often include not only the guaranty of the obligations under the credit agreement but also any related swap agreements. The CFTC has...more

CFTC's No-action Relief on Guarantor Swap Requirements Ends March 31, 2013

by Kenneth Freeman, Bryan Petkanics, Anthony Pirraglia, Peter Seiden | Loeb & Loeb LLP on 3/27/2013

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the "Dodd-Frank Act") requires that swaps (as defined in 7 U.S.C. § 1a(47)) be entered into on designated contract markets unless the parties to the swap...more

Burr Alert: CFTC Issues New Guidelines Concerning Eligibility Of Swap Guarantors

by Adam Sonenshine | Burr & Forman on 3/21/2013

In secured lending transactions, lenders frequently allow, and even require, borrowers to enter into swap agreements and other financial derivatives to hedge against different business risks, including fluctuations in...more

Co-Guarantors Limit Amount At Risk

by Charles (Chuck) Rubin on 3/11/2013

Code §465 limits deductions for taxpayers in business and investment activities to the amount the taxpayer has "at risk" in the venture. Amounts of owners that are contributed to capital are generally at risk. Also at risk...more

Nevada Ruling Suggests Lenders Wait Until Foreclosure Before Pursuing Guarantor Claim

by Meagen Leary | Duane Morris LLP on 2/27/2013

In a recent case, the Supreme Court of Nevada agreed that a lender needed to wait until the completion of a foreclosure sale before making a deficiency claim against a guarantor. In Ken L. Templeton Family Trust, et al. v....more

"I Knew You Were Trouble": Recent Trends in Lender Liability Litigation

by Timothy Lupinacci | Baker, Donelson, Bearman, Caldwell &... on 2/15/2013

Lender liability claims generally arise in one of following contexts: (i) claims seeking recovery of damage or "leverage" to accept discounted payoffs; (ii) counterclaims to foreclosure/receivership/guarantor actions; or...more

Fifth Circuit Crafts New Test For Foreign Debtor Relief

by Audrey Aden Doline, John Rapisardi, Casey Servais | Cadwalader - Financial Restructuring on 1/16/2013

Originally published in the New York Law Journal on January 3, 2012. On Nov. 28, 2012, the U.S. Court of Appeals for the Fifth Circuit in In re Vitro S.A.B. de C.V. issued a groundbreaking decision under Chapter 15 of...more

Fifth Circuit Crafts New Test For Foreign Debtor Relief

by Audrey Aden Doline, John Rapisardi, Casey Servais | Cadwalader - Financial Restructuring on 1/15/2013

Originally published in the New York Law Journal on January 3, 2012. On Nov. 28, 2012, the U.S. Court of Appeals for the Fifth Circuit in In re Vitro S.A.B. de C.V. issued a groundbreaking decision under Chapter 15 of...more

Fifth Circuit Refuses to Enforce Mexican Reorganization Plan's Proposed Release of Non-Debtor Bond Guarantors

by Sheppard Mullin Richter & Hampton LLP on 12/26/2012

The Fifth Circuit recently upheld a Texas Bankruptcy Court’s refusal to enforce non-debtor third party releases in the Mexican reorganization proceeding (known as a concurso mercantil) of Mexican glass manufacturer Vitro SAB...more

Rogers Towers: A New Case Helps Lenders Avoid Foreclosure Delays Caused by Guarantors

by Rogers Towers on 11/8/2012

In many foreclosure cases, the strategy of the borrower is simply to delay the case. Typically, the borrower hopes that delay will allow time to either work out a settlement with the lender or find a third party buyer for the...more

Rogers Towers: Obtaining a Money Judgment Against Guarantors While Also Pursuing Foreclosure of a Mortgage

by Rogers Towers on 10/23/2012

Recently, the Fifth District Court of Appeals decided Fort Plantation Investments, LLC v. Ironstone Bank, a case that may be of interest to lenders considering their options in pursuing a borrower for mortgage foreclosure and...more

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ECP Guarantor Provisions In Corporate Credit Agreements

CFTC's No-action Relief on Guarantor Swap Requirements Ends March 31, 2013

Burr Alert: CFTC Issues New Guidelines Concerning Eligibility Of Swap Guarantors

Co-Guarantors Limit Amount At Risk

Nevada Ruling Suggests Lenders Wait Until Foreclosure Before Pursuing Guarantor Claim

"I Knew You Were Trouble": Recent Trends in Lender Liability Litigation

Fifth Circuit Crafts New Test For Foreign Debtor Relief

Fifth Circuit Crafts New Test For Foreign Debtor Relief

Fifth Circuit Refuses to Enforce Mexican Reorganization Plan's Proposed Release of Non-Debtor Bond Guarantors

Rogers Towers: A New Case Helps Lenders Avoid Foreclosure Delays Caused by Guarantors

Rogers Towers: Obtaining a Money Judgment Against Guarantors While Also Pursuing Foreclosure of a Mortgage

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