Williams Mullen's Comeback Plan: Part IV - How Banks Think About Loan Defaults: Lessons for Borrowers in Troubled Times
COVID-19 Comeback Plan: Part III - How Banks Think About Loan Defaults: Lessons for Borrowers in Troubled Times
Williams Mullen's Comeback Plan: Part II - How Banks Think About Loan Defaults: Lessons for Borrowers in Troubled Times
Williams Mullen's COVID-19 Comeback Plan: Part I - How Banks Think About Loan Defaults: Lessons for Borrowers in Troubled Times
Episode 3: Professor Peter Molk Interview on Drafting Around LLC Default Rules
Connecticut Collections: How to get paid if you are owed money? Part 1: Pre and Post-Judgement Collection Specifics
Weekly Brief: DOJ Memo Details Justification For Killing US Citizens
Bill on Bankruptcy: Delaware to Continue Dominating Bankruptcy
Landlords of commercial premises generally have one key overriding concern: to maintain their income stream by ensuring that their tenants pay and continue to pay all rents due under their leases. Landlords should act quickly...more
In the balance of power between landlords and tenants, the risk of default is usually higher for the tenant. While many landlords have accrued wealth and invested in low-risk assets, many tenants are embarking on a new...more
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
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
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
Recent changes to how the U.S. Postal Service determines postmark dates introduce new timing risks for contracts, filings, and payments that rely on postmark-based deadlines. Companies should review their contracts and...more
When a commercial loan falls into default, borrowers often assume the greatest risk comes from the lender’s enforcement tools, such as foreclosure, receivership, or outright litigation. In practice, however, the party with...more
The auto finance industry is facing a turbulent period as economic pressures, regulatory scrutiny, and technological disruption converge. For creditors—which include banks, credit unions, captive lenders, and finance...more
On July 17, 2025, the New York Commercial Division dismissed all claims brought by a group of noteholders of women’s bodywear retailer Hunkemőller International BV against the participating noteholders in an uptiering...more
We’ve all kept an eye on default rates creeping upward lately. But here’s what catches my attention: rising defaults don’t just affect participants, they test the backbone of a plan’s design, governance, and fiduciary...more
Welcome to Debt Download, Goodwin’s monthly newsletter covering what you need to know in the leveraged finance market. Very soon leaves will be falling along with, many think, interest rates. What will autumn bring for the...more
Over the past year, we have observed a marked increase in Events of Default (“EoDs”) arising from financial underperformance in the European mid-market. This trend is largely attributable to the prevailing high interest rate...more
On July 22, 2025, PitchBook published the latest Midyear Outlook: US Leveraged Loan and Private Credit report offering insights into key trends shaping the leveraged loan and private credit markets during the first half of...more
In the final quarter of the year, many private companies will accept new investments that accelerate their growth. But new investments are not guaranteed to create lasting relationships, and that may be the case when new...more
On August 11, U.S. SDNY granted the FDIC’s motion to dismiss in a breach of contract case alleged by an individual against the FDIC, acting as receiver for a bank. The plaintiff, a real estate investment firm manager, alleged...more
On occasion, we examine procedural matters that have an impact on the substantive rights of the parties. In Richardson v. Beal, 2025 N.Y. Slip Op. 32804(U) (Sup. Ct., N.Y. County July 24, 2025) (here), the procedural matter...more
Lease agreements define the relationship between landlords and tenants. Whether you are a savvy business owner or a first-time tenant, a thoughtfully negotiated lease agreement is crucial to avoid negative impacts on your...more
In order for a lending institution to successfully take real estate through foreclosure litigation and have the real estate sold at a sheriff sale, the property needs to have a clear title. What many do not understand is that...more
Commercial mortgage delinquency rates are on the uptick. The United States economy is shrinking according to Commerce Department measurements. Economic volatility is the new norm. As borrowers navigate economic ebbs and...more
The Privy Council has clarified that the duty of care to "obtain the best price reasonably obtainable" in the sale of secured collateral does not require a secured party to improve an asset before sale to obtain the best...more
In commercial lending, the decision to designate a party as a guarantor or co-borrower is more than a technicality—it can significantly impact a lender’s ability to enforce a loan. Mislabeling a guarantor as a co-borrower,...more
Catch up with Hudson Cook partners Anastasia Caton and Rob Tilley for this summer's latest trends in state AG enforcement. Temperatures are rising, and so are consumer defaults. We will give practical tips on how to assess...more
Recent actions by the Department of Government Efficiency have led to a surge in contract cancellations, raising significant concerns for government contractors. Contracting Officer’s Discretion and Legal Boundaries - The...more
If the tenant and/or its tenant estoppel is important, consider asking them to alert you immediately if they have concerns about meeting response obligations. Your pending refinance or sale may go smoother if you are in...more
When a borrower defaults under a loan agreement, you face a dual challenge: time pressure demands swift action, while legal complexities require precision. Whether confronting missed payments, breached financial covenants, or...more