This alert is meant to supply some valuable information for landlords that currently hold tenant letters of credit from Silicon Valley Bank (“SVB”).
SVB was closed this morning by the California Department of Financial...more
The Consolidated Appropriations Act of 2021 (Public Law 116-260) (the Act) contains an important change in bankruptcy law beneficial to landlords of nonresidential properties. Among several amendments to the Bankruptcy Code...more
1/12/2021
/ Bankruptcy Code ,
Clawbacks ,
Commercial Leases ,
Commercial Property Owners ,
Commercial Real Estate Market ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Debtors ,
Debtors-in-Possession ,
Landlords ,
Leases ,
Section 547 ,
Tenants
Reaffirming its 1992 decision in Dewsnup v. Timm, on June 1, 2015, the U.S. Supreme Court in Bank of America v. Caulkett, No. 13-1421, once again ruled that a chapter 7 debtor may not void a junior lien under Bankruptcy Code...more
6/13/2015
/ Bank of America v. Caulkett ,
Chapter 11 ,
Chapter 7 ,
Consumer Bankruptcy ,
Dewsnup ,
Foreclosure ,
Junior Liens ,
Lien Stripping ,
Liens ,
Mortgages ,
SCOTUS ,
Section 506 ,
Secured Debt ,
Underwater Homeowners
The right to credit bid is one of the most important protections afforded a secured creditor. Recognized under both state and bankruptcy law, the right to credit bid safeguards against undervaluation at an asset sale, whether...more
Nonrecourse financing is common in today's commercial real estate lending market. So too are the use of special purpose entities ("SPEs") and limited guaranties from SPE members of all or a portion of the debt, the latter of...more