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Cadwalader, Wickersham & Taft LLP

Structuring for Control, February 2026 - Payment Direction Letters: Their Role and Usage in NAV Financings

In net asset value (“NAV”) financings, a payment direction letter (“PDL”) is a useful tool that may be entered into in order to control the flow of cash from the underlying portfolio investments directly to a lender...more

Ropes & Gray LLP

Back-leverage in European CRE: Key Tax Considerations

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This fourth instalment of our five-part series examines some of the key tax considerations that arise in structuring and negotiating European back-leverage transactions....more

Holland & Knight LLP

Education Department Proposes RISE Committee Rules on Loan Limits and Repayment Plans

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The U.S. Department of Education (ED) on January 30, 2026, published a notice of proposed rulemaking (NPRM) to implement certain changes in connection with the One Big Beautiful Bill Act (OBBB), including adjustments to...more

A&O Shearman

U.S. restructuring 2025 review and 2026 outlook

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U.S. bankruptcies and restructurings are expected to remain broadly steady in 2026, providing ample opportunity for restructuring and special situations investment. In the meantime, the U.S. market is assessing the...more

Ballard Spahr LLP

CFPB Private Education Loan Ombudsman receives record number of complaints

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The CFPB received about 22,900 complaints about private and federal student loans between July 1, 2024, and June 30, 2025, the highest level the Bureau has received in a one-year period, the CFPB’s Private Education Loan...more

Cooley LLP

The Penalty Rule: Recent Guidance From the English High Court

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The judgment in Houssein & Others v. London Credit Ltd provides a useful summary of the English penalty rule and guidance on its application in practice....more

Kohrman Jackson & Krantz LLP

Downtown Cleveland Real Estate: Understanding & Managing an “Upside Down” Market

Today, dozens of buildings in downtown Cleveland are distressed or are “upside down,” meaning that the properties in operation are having difficulty paying or are behind in paying their mortgages. Commercial mortgage loans...more

White & Case LLP

How to prepare for a downturn as a private credit lender

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Despite a complex operating environment, persistent inflation and tariff-related economic disruption, private credit lending has remained robust, and portfolios have proven resilient. At the end of October, trailing...more

King & Spalding

Southern District of New York Rules That Lender’s Alleged Bad-Faith Failure to Engage with Borrowers’ Proposed Collateral Sales...

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On December 16, 2025, the U.S. District Court for the Southern District of New York granted summary judgment on liability in favor of lender Jasper Lake Ventures Two LLC, holding that its alleged refusal to engage with...more

Hogan Lovells

Court of Appeal confirms an incoming mortgage lender can maintain prevailing SVR, and clarifies the limits of the unfair...

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A group of former customers of Northern Rock claimed that when their mortgages were acquired by the defendant, TSB Bank, TSB was obliged to apply an SVR which it already operated for other borrowers under a different loan...more

A&O Shearman

Standard Variable Rates After Transfer: Mandatory Or Permissive?

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The Court of Appeal has considered whether a bank acquiring a portfolio of residential mortgages was obliged to charge borrowers its own standard variable rate or whether it could maintain the separate, higher rate for the...more

Proskauer Rose LLP

Insights on the NAV Financing Market - Full Year 2025

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In the third iteration of our “net asset value” (NAV) financing market survey, we engaged traditional banks, non-bank lenders and borrowers across North America, Europe, Asia-Pacific and Latin America to capture key trends...more

Walkers

Bankruptcy remoteness for Cayman drop-down SPVs: A practical refresher for fund finance

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Cayman bankruptcy remote features must be tailored to each vehicle type with mitigation measures including constraints on voluntary winding up throughout the facility’s life. Exempted companies, LLCs and ELPs each...more

Cadwalader, Wickersham & Taft LLP

Europe Intercreditors, LP Secondaries Surge, January 2026 - Intercreditor Issues for Fund Finance Lawyers in Europe

Introduction - Simple subscription lines in Europe do not typically come with an intercreditor agreement (an ICA). Keeping the fund at the top of the structure “clean” with very restricted permitted financial indebtedness...more

Orrick, Herrington & Sutcliffe LLP

Colorado argues against en banc review in DIDMCA opt-out legislation challenge

On January 21, representatives from Colorado filed a response in the U.S. Court of Appeals for the 10th Circuit opposing a petition for rehearing en banc in a case involving the state’s opt-out from federal interest rate...more

Spilman Thomas & Battle, PLLC

Significant Changes to Student Loans Now in Effect

Last year’s enactment of the “One Big Beautiful Bill Act” (OBBBA) included significant changes to the federal student loan system. New borrowers will be impacted starting July 1, 2026, while current borrowers will see shifts...more

Holland & Knight LLP

Illinois Adopts Expansive Receivership Act Effective January 1, 2026

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The Illinois Receivership Act (the Act) creates a comprehensive statutory framework for commercial receiverships, effective January 1, 2026, that in practice functions as a "mini bankruptcy." The Act modernizes and...more

Cadwalader, Wickersham & Taft LLP

Possession With Intent to Foreclose

In Wells Fargo Bank, N.A. v. Mitselmakher et. al., the Supreme Court of New York, Richmond County held that Wells Fargo Bank (“Plaintiff”) had standing to foreclose and demonstrated through admissible business records that...more

Holland & Knight LLP

N.J. Attorney General Preserves Disparate Impact Theory of Lending Discrimination for Borrowers

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The Trump Administration issued an executive order in April 2025 directing federal agencies to no longer rely on the "disparate impact" theory of liability to find financial institutions and others guilty of discrimination...more

White & Case LLP

European leveraged finance: Competition sets the pace

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Market dynamics reshape borrower choices - Competition between lending channels intensified in 2025, as leveraged finance markets in Europe saw lenders vying for deals and offering borrowers greater flexibility ahead of an...more

Proskauer Rose LLP

Proskauer’s Private Credit Default Index Reveals Rate of 2.46% for Q4 2025

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NEW YORK, January 26, 2026 – Proskauer today released its latest Private Credit Default Index (the “Index”), which tracks senior-secured and unitranche loans in the United States. The Index revealed a default rate of 2.46%...more

Latham & Watkins LLP

Global Legal Insights: Fund Finance 2026, 10th Edition

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Even as the scope of fund finance products has expanded over recent years, one key consideration that arises in nearly all transactions is the taking and perfecting of legally enforceable security over the bank accounts...more

Patton Sullivan Brodehl LLP

The “Sham Guaranty” Defense is Not Easy to Establish

Under California anti-deficiency law, borrowers enjoy robust protections.  Guarantors — not so much.  The statutory protections afforded to borrowers cannot be waived, while for guarantors, they can be (and almost always are)...more

Cadwalader, Wickersham & Taft LLP

Secrets, Syndicated Exits and What’s Next, January 2026 - Keeping Secrets

For a myriad of reasons, it is not uncommon for a lender to exit a syndicated facility at the time of renewal or a facility downsize or if a significant amendment of a different nature is requested. Most administrative agents...more

Burr & Forman

“Sealed According to Law”: The First Loan Closings in Antiquity, Part I

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In this two-part article, the author presents an overview of what various ancient textual artifacts “remember” about the earliest loan closings known to history and their participants, exploring the commercial lending...more

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