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Liquidation Loan Agreements

King & Spalding

Bankruptcy Court Determines that Dividend Payments Permitted Under Subordinated Loan Agreement Are Not Fraudulent Conveyances

King & Spalding on

On January 18, 2024, the U.S. Bankruptcy Court for District of South Carolina entered judgment, after a bench trial, in favor of minority shareholders of a debtor whose liquidating trust had sued to recover dividend payments...more

Snell & Wilmer

California Supreme Court Refuses To Hear Default Interest Case

Snell & Wilmer on

On December 21, 2022, the California Supreme Court denied review of a controversial Court of Appeal decision from earlier last year that prohibited lenders from charging default interest against the principal balance of any...more

Lowenstein Sandler LLP

Get Ready For Loan Enforcement

Lowenstein Sandler LLP on

The pandemic has hurt many companies. Fortunately, at the urging of the Federal government and with relief from regulators, many secured lenders have refrained from taking action against borrowers in default under the terms...more

A&O Shearman

Grant of Security May Be Avoided as a Transaction at an Undervalue?

A&O Shearman on

The recent case of Encus International Pte Ltd v Tenacious Investment Pte Ltd & Ors [2016] SGHC 50 (Singapore, High Court, 31 March 2016) has implications for lenders which are especially pertinent in the face of the current...more

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