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Brett Garver of Moritt Hock & Hamroff LLP writes that a proposed NY State law would create a licensing requirement for non-bank lenders and leasing companies.
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February 07, 2020, 05:00 AM
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A Kansas Supreme Court decision illustrates some of the issues a secured lender must consider when contemplating strict foreclosure of its security interest.
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December 01, 2016, 07:00 AM
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Under the right circumstances, forbearance agreements can allow time for situations to stabilize or for parties to take corrective action.
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Though bankruptcy proceedings are reasonably predictable, the expectation of “who gets what, when, and in what order” is greatly impacted when a court authorizes a debtor to pay critical vendors.
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The first half of 2015 was important for lenders not only because of what happened in the markets, but also because of what happened in the courts.
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Lenders frequently get to call a lot of the shots. That power, however, comes with various obligations and risks ... like "lender liability."
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Lenders who attempt to salvage problematic loans may find themselves at risk of facing a variety of “lender liability” claims.
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February 12, 2014, 07:00 AM
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In multi-lender transactions, agents demand and consistently receive very strong exculpatory protections. At the same time, co-lenders want and need to be apprised of all material events concerning the loan.
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January 08, 2014, 07:00 AM
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Assets can take many forms: cash, inventory, receivables, and… litigation? Most businesses view litigation only as a potential liability, yet third-party litigation funding is a financing alternative that has enjoyed rapid growth in the U.S. in the...
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Robert Zadek is simply amazed that takeouts occur in spite of the fact that outgoing lenders can prevent them. It seems The Gold Rule trumps the UCC ever time.
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One of the advantages to a lender of obtaining personal guaranties is that even when a borrower files for bankruptcy and the automatic stay of the Bankruptcy Code prohibits collection actions against the borrower, the lender can still pursue actions...
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It is never a good thing when a borrower files for bankruptcy protection. But secured lenders don’t have to worry about being attacked for preference actions, right? Not necessarily.
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January 14, 2013, 07:00 AM
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