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Creditors Borrowers Collateral

Nelson Mullins Riley & Scarborough LLP

The Not-So-Automatic Stay for Foreign Assets and Creditors

When a debtor files for bankruptcy, it’s axiomatic that all creditors, wherever located, must immediately cease their efforts to collect on debts owed to them by that debtor, right? Not necessarily so, says the United States...more

Partridge Snow & Hahn LLP

Rhode Island Modernizes its Receivership Law By Enacting the Commercial Receivership Act

On June 20, 2022, Rhode Island Governor Daniel J. McKee signed into law the Rhode Island Commercial Receivership Act (“CRA”), which updates and modernizes Rhode Island receivership practice. Pub. L. 2002, ch. 107 and 108. The...more

Miller & Martin PLLC

Loss Mitigation Strategies for Commercial Creditors

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It seems that every few years, we experience an unprecedented event that significantly affects the world. From a once-in-a-generation recession to a once-in-a-century pandemic, trade creditors and inventory lenders constantly...more

Farella Braun + Martel LLP

Hidden Liens in Custom Crush Relationships: How to Avoid Being Caught Between Creditors

Custom crush is an effective method for vintners to start and grow their label and brand without requiring the capital intensive investment of a dedicated winery. When evaluating potential custom-crush facilities and...more

Husch Blackwell LLP

Advancing Agriculture: Security Interests and Article 9 Challenges (Part 1)

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Welcome to Episode 2 of Advancing Agriculture with your hosts from Husch Blackwell, Stephanie E. Kaiser and Elizabeth Benefield, where they discuss practical tips and advice on various topics related to ag lending. In this...more

Locke Lord LLP

In Desperate Times . . . . Travelport Puts $1.15 Billion in Collateral Value beyond the Reach of its Creditors

Locke Lord LLP on

As we have discussed in previous QuickStudies, certain borrowers in industries experiencing particularly adverse economic conditions have taken advantage of flexible terms in their credit agreements to transfer valuable...more

Amundsen Davis LLC

When All Else Fails, Try A Collateral Agent

Amundsen Davis LLC on

So, you are one of several creditors of a borrower and each creditor has a security interest in all assets of the business. Or perhaps you and another creditor have competing liens on inventory of a borrower. In these and...more

Ruder Ware

The Problem of Lender "Inquiry Notice" Status

Ruder Ware on

If a lender is fully secured, can it just ignore suspicions of borrower misconduct? The danger is that a lender could lose its collateral under these circumstances and be treated as an unsecured creditor. This is exactly...more

Bryan Cave Leighton Paisner

The Un-Bankruptcy: A Texas Receivership as an Alternative to Bankruptcy (and fourteen ways to appoint a receiver in The Lone Star...

Creditors seeking to exercise control over a borrower or collateral may utilize a number of remedies. They may seek a foreclosure or UCC sale, assignment for the benefit of creditors, file an involuntary bankruptcy petition...more

Sherman & Howard L.L.C.

An Identifiable Risk to Collateral Property That Is Used In The Marijuana Business

The legalization under state law of the marijuana business in Colorado through Amendment 20 (medical marijuana) and Amendment 64 (recreational marijuana) (Amendment 20 and Amendment 64 shall be referred to collectively as the...more

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