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Creditors Debtors Guarantors

Latham & Watkins LLP

Release Me From My Bands Or Else My Project Fails Third Party Releases in Schemes

Latham & Watkins LLP on

Third-Party Releases are common in English law schemes of arrangement and restructuring plans, and US courts have so far indulged that approach in granting recognition. If Prospero’s plea to the audience at the...more

Ward and Smith, P.A.

Can a Business Owner Reorganize Guaranty Obligations Under Subchapter V?

Ward and Smith, P.A. on

We have previously informed you that if you are a small business that needed to file bankruptcy to save your company, then you may be able to take advantage of Subchapter V of Chapter 11 of the Bankruptcy Code. The new...more

A&O Shearman

Secured creditor has no absolute duty to preserve or maintain security for benefit of surety

A&O Shearman on

Although a secured creditor has an equitable duty to perfect its security, there is no “absolute” duty on a creditor to preserve or maintain the security for the benefit of a guarantor. A creditor may however be required to...more

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