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Asset Management Creditors

Cadwalader, Wickersham & Taft LLP

U.S. Banks Quarterly Survey - April 2025

LEVEL-SETTING - The banking industry finds itself in the early stages of a transformation. Existing balance sheets have been shaped by more than a decade of low interest rates that fueled asset appreciation, muted...more

K&L Gates LLP

Corporate Debtors and Transactions at an Undervalue–Lessons From the UK Supreme Court: El-Husseini and Another v Invest Bank PSC

K&L Gates LLP on

The UK Supreme Court’s recent decision in El-Husseini and another v Invest Bank PSC [2025] UKSC 4 has clarified the circumstances in which section 423 of the Insolvency Act 1986 (the Act) provides protection against attempts...more

Charles E. Rounds, Jr. - Suffolk University...

Parsing the Uniform Trust Code in Isolation Without Regard to the Uniform Probate Code and the Uniform Powers of Appointment Act...

Intro. The Uniform Trust Code (UTC) is a mere aggregation of tweaks to the corner of equity jurisprudence that long ago gave birth to and currently stewards the trust relationship, hereinafter “the background trust law.”...more

Hendershot Cowart P.C.

Receiverships in Texas: An Overlooked Option for Complex Dispute Resolution

Hendershot Cowart P.C. on

Receivership is often considered when other remedies would be inadequate, providing a flexible alternative to more rigid legal processes like traditional litigation. It's particularly valuable when parties are unable to...more

Conyers

Segregated Portfolio Companies: Cayman Courts Upholding the Segregated Principle

Conyers on

A Segregated Portfolio Company (SPC) provides for the protection of the assets held under one portfolio by ring-fencing them from the liabilities of other portfolios in the same company. SPCs were introduced in the Cayman...more

Allen Barron, Inc.

Trust and Estate Planning for Business Owners

Allen Barron, Inc. on

Why is the end of the year a good time to consider trust and estate planning for business owners? Do you own real property or have other investments outside your business interests? Have you given any thought to what would...more

Carey Olsen

Building bridges, not barriers: setting up Cayman trusts to minimise conflicts

Carey Olsen on

Despite best intentions, it is impossible to entirely negate the risk of conflict arising from a family trust. By their nature, trusts tend to span several decades and "futureproofing" them against societal changes,...more

Proskauer - Private Market Talks Podcast

[Podcast] Private Market Talks: Headlines, Headlines, Headlines with Ares’ Kipp deVeer

This is a special episode that we recorded live at Proskauer’s flagship Private Credit Summit, part of its private capital event series. More than 200 capital allocators, lenders and investors joined us for an afternoon of...more

Charles E. Rounds, Jr. - Suffolk University...

The Case For Making Substantial Unrestricted Gifts To A Charitable Corporation Indirectly Via Assignment To An Independent...

When considering how to make a substantial gift to a charitable corporation, one should not rule out making it indirectly via assignment to an independent trustee. First, an independent trusteeship facilitates proper asset...more

Troutman Pepper Locke

Idaho Bankruptcy Court Holds that Later-Recovered Assets Revert to Borrower Absent Plan Provision to the Contrary

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What happens to funds recovered by the trustee after the final plan payment is made in a chapter 13 case? According to the U.S. Bankruptcy Court for the District of Iowa, absent a plan provision providing otherwise, those...more

Proskauer - Private Market Talks Podcast

[Podcast] Private Market Talks Episode 4: Market on the Move with Bain Capital Credit's Mike Ewald

As private credit lenders move up market, Mike Ewald, partner at Bain Capital Credit, joins the Private Market Talks podcast to discuss how big the market might get, when – and if – the syndicated market comes back, and what...more

Proskauer - Private Market Talks Podcast

[Podcast] Private Market Talks Episode 3: Canvassing the Credit Landscape with Carlyle's Justin Plouffe

On Episode 3 of Private Market Talks, Carlyle’s Justin Plouffe, managing director and deputy chief investment officer for Global Credit, talks about opportunities for credit investors in the current environment and what he’s...more

Proskauer - Private Market Talks Podcast

[Podcast] Private Market Talks Episode 2: Driving Alpha with AB Private Credit Investors’ Brent Humphries

In this installment of Private Market Talks, Brent Humphries, President and Founding Member of AB Private Credit Investors, speaks with us from his home in Austin, Texas. Over the course of the episode, Brent shares his...more

Proskauer - Private Market Talks Podcast

[Podcast] Private Market Talks Episode 1: Navigating Headwinds in Private Credit with KKR’s Dan Pietrzak

In the first episode of Private Market Talks, host Peter Antoszyk sits down with Dan Pietrzak, co-head of Private Credit at KKR. Peter and Dan talk about their journeys in private credit, the importance of culture in building...more

Proskauer - The Capital Commitment

In The Zone? When Directors of Portfolio Companies Have to Take Creditor Interests into Account

Representatives of asset managers often take up positions on the boards of portfolio companies. We have written posts before on some of the litigation and regulatory risks that can arise, both for the asset managers and the...more

Ward and Smith, P.A.

Cyber Threats, Creativity, and Growth: Recapping the 2022 Annual Factoring Conference

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Last month, I attended the 28th Annual Factoring Conference presented by the International Factoring Association (IFA) in Boston.  This is the world's largest conference of its kind, dedicated solely to banks, lenders,...more

Adler Pollock & Sheehan P.C.

What Does “Probate” Mean?

The term “probate” is one you may have heard and might associate with negative connotations, but you don’t fully understand what it is. For some, the term conjures images of lengthy delays waiting for wealth to be transferred...more

Cohen Seglias Pallas Greenhall & Furman PC

Asset Protection 101: Are You and Your Family Protected from Litigation, Creditors, and Divorce?

Presented by Cohen Seglias Attorneys Brian Lawton and Whitney Patience O'Reilly on January 23, 2020. It can take years to accumulate assets and increase the value of your business and investments. Unfortunately, without an...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Asset Protection 101: Are You and Your Family Protected from Litigation, Creditors, and Divorce? - January 23rd, 12:00...

It can take years to accumulate assets and increase the value of your business and investments. Unfortunately, without an asset protection plan, you could lose everything or a significant portion of what you have worked so...more

Downey Brand LLP

Beware of Dormant Creditor Claims in California Probate Cases

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California’s probate process aims to expeditiously identify and resolve the claims of creditors against decedents. Creditors who are unsophisticated, or who simply do not learn of the decedent’s passing, may find themselves...more

Bass, Berry & Sims PLC

Chris Lazarini Analyzes Definition of “Transfer” under Bankruptcy Code

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Bass, Berry & Sims attorney Chris Lazarini analyzed a case questioning the definition of a “transfer” under §544 and 550 of the Bankruptcy Code and whether the transfer was voidable when made by an unsecured creditor. The...more

McGuireWoods LLP

Recent Cases of Interest to Fiduciaries

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In re Estate of House, 2014 Wash. App. LEXIS 3006 (Wash. Ct. App. 2014) - A release waiving any and all claims that the parties may have or may acquire, bars recovery for unknown claims existing at the time the release...more

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