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Troutman Pepper

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

White & Case LLP

Liability management transactions give borrowers some breathing room

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Although liability management transactions have been controversial, they can provide borrowers a valuable respite in tough times when used appropriately - High interest rates and circumspect capital markets have caused...more

Locke Lord LLP

The Double Dip: Guacamole Faux Pas ‎or Liability Management ‎Technique?

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Jerry Seinfeld and Larry David taught us that you can’t double dip a chip—“it’s like putting your whole mouth right in the dip.” However, the credit markets have recently been focused on a different type of double dip, one...more

Troutman Pepper

Colo. Bankruptcy Ruling Clarifies Debt Collection Rules

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On April 24, the Colorado Supreme Court issued its highly anticipated decision in U.S. Bank National Association v. Silvernagel. The decision made Colorado the latest state to recognize that a borrower’s bankruptcy...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 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

Nelson Mullins Riley & Scarborough LLP

Good Problems to Have: Recovery of Interest by Unsecured Creditors of a Solvent Chapter 11 Debtor

Imagine this: you sell a product to a company on credit at 8% interest until you are paid, and the company files for bankruptcy before repayment.  Or maybe you are a hard money lender that made an unsecured loan at 18% to a...more

Goodwin

2021 Year in Review: Consumer Finance

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[co-authors: Amelie Hopkins, and Collin Grier] The year 2021 started with the hope of COVID-19 vaccines and a return to (relative) normalcy, only to conclude with new variants that presented new challenges and extended...more

K&L Gates LLP

COVID-19: Bankruptcy Code Amendments in the Consolidated Appropriation Act and COVID-19 Bankruptcy Relief Extension Act

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On March 27, 2021, President Biden signed into law the COVID-19 Bankruptcy Relief Extension Act (the Extension Act). The Extension Act temporarily extends certain COVID-19 bankruptcy relief provisions enacted as part of the...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - March 18th, 9:30 am ET

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From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - March 16th, 9:30 am ET

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From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - March 11th, 9:30 am ET

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From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - March 9th, 9:30 am ET

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From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - March 4th, 9:30 am - 10:15 am ET

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From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - March 2nd, 9:30 am ET

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From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - February 25th, 9:30 am ET

Proskauer Rose LLP on

From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - February 23rd, 9:30 am - 10:15 am ET

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From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Faegre Drinker Biddle & Reath LLP

The Return of Crown Preference — Implications for Borrowers and Lenders

The first day of December witnessed an early visit from the ghost of Christmas past for the rules relating to the order of priority on insolvency. For insolvencies commenced on or after 1 December 2020, Her Majesty’s Revenue...more

Winthrop & Weinstine, P.A.

Assignments for the Benefit of Creditors in Minnesota

In August 2012, Minnesota enacted a new, more user-friendly statute governing the once seldom-used tool of Assignments for the Benefit of Creditors (“ABC”). Since then, ABC’s have become more common. Unlike receiverships,...more

Winthrop & Weinstine, P.A.

Minnesota Real Estate Foreclosures: 21 Common Questions & Answers

Our Creditors' Remedies attorneys answer the most asked questions from their clients. 1. What happens at a real estate foreclosure sale? The sheriff of the county where the real estate is located reads the published...more

McGlinchey Stafford

Repossessions during the COVID-19 pandemic

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During normal times, creditors face a number of requirements when looking to exercise their self-help repossession rights in the event of a borrower’s default. Some of the factors a creditor must normally consider are...more

White and Williams LLP

Looming Hotel Bankruptcies Impact Loan Workouts

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COVID-19 has been devastating for hotels and other businesses in the hospitality industry because of significant business closures and the elimination of recreational travel. Oxford Economics predicts 2.8 to 3.4 million jobs...more

Buckingham, Doolittle & Burroughs, LLC

Creditors' rights amid the COVID-19 pandemic

As a result of the COVID-19 pandemic, several industries have been hit hard and are facing uncertainty about if and when they will recover. As business owners discuss liquidity issues, financial assistance, and bankruptcy...more

Lowenstein Sandler LLP

How to Use and Not Use Chapter 11 in Bad Economic Times

At the moment, the bankruptcy court may be an unfriendly place for impatient lenders. As the United States and much of the world reel from the coronavirus pandemic, many businesses’ revenues have been shut off (or close to...more

Goodwin

COVID-19: UK Debt Finance Considerations

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During these unsettled times, there is heightened concern around the implications for borrowers under their secured credit facilities. Broadly these fall into three categories: (1) drawing funds under existing committed...more

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