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Second Circuit Reinstates Fraudulent Transfer Claim Against Debtor’s Lenders

On July 8, 2024, the U.S. Court of Appeals for the Second Circuit reversed, in a summary order, the dismissal of fraudulent transfer claims brought by the purported contract creditor of a shipping company against the shipping...more

Second Circuit Affirms Dismissal of Claims Alleging “Loan-to-Own” Scheme

On June 17, 2024, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a developer’s “loan-to-own” claims against a bridge lender. As we reported in previous editions (here and here), after Georgia-based...more

Georgia Appellate Court Rejects All Fee Non-Disclosure Claims Against Multifamily Lender

On February 21, 2023, the Georgia Court of Appeals awarded multifamily real estate lender ORIX USA (and its affiliates) a complete victory in a decision affirming in part and reversing in part a summary judgment ruling...more

Second Circuit Reverses Judgment for Revlon Lenders Mistakenly Paid $500 Million by Citibank

On September 8, 2022, the U.S. Court of Appeals for the Second Circuit reversed a judgment entered for a group of lenders (or their representatives) of cosmetics company Revlon, Inc. in a case over entitlement to $500 million...more

Middle District of Tennessee Dismisses Claims Against Lender for Refusal to Consent to Borrower’s Sale

On May 9, 2022, the U.S. District Court for the Middle District of Tennessee dismissed a would-be purchaser’s claims against the would-be seller’s lender arising from the lender’s refusal to consent to the sale. Ruby Tuesday,...more

Bankruptcy Court Enters Verdict Against Lender Found to Have Caused Borrower’s Demise

On December 23, 2021, Judge Stacey Jernigan of the U.S. Bankruptcy Court for the Northern District of Texas issued a verdict, following a bench trial, in favor of the Chapter 7 trustee of a metal manufacturing business and...more

Georgia Court Grants Summary Judgment on Most Claims Against Multifamily Real Estate Lender

On February 24, 2022, the Georgia State-wide Business Court issued an order granting in part and denying in part a multifamily real estate lender’s motion for summary judgment on borrowers’ claims arising from fees that the...more

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