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Blogs (12 Results) - Legal Issues

A Kansas Supreme Court decision illustrates some of the issues a secured lender must consider when contemplating strict foreclosure of its security interest. Read Full Blog
December 01, 2016, 07:00 AM
December 01, 2016, 07:00 AM

Under the right circumstances, forbearance agreements can allow time for situations to stabilize or for parties to take corrective action. Read Full Blog
July 20, 2016, 07:00 AM
July 20, 2016, 07:00 AM

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. Read Full Blog
June 01, 2016, 07:00 AM
June 01, 2016, 07:00 AM

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. Read Full Blog
April 01, 2015, 07:00 AM
April 01, 2015, 07:00 AM

Lenders frequently get to call a lot of the shots. That power, however, comes with various obligations and risks ... like "lender liability." Read Full Blog
March 04, 2015, 07:00 AM
March 04, 2015, 07:00 AM

Lenders who attempt to salvage problematic loans may find themselves at risk of facing a variety of “lender liability” claims. Read Full Blog
February 12, 2014, 07:00 AM
February 12, 2014, 07:00 AM

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. Read Full Blog
January 08, 2014, 07:00 AM
January 08, 2014, 07:00 AM

Suppose a borrower is experiencing financial trouble. His company is trying a turnaround and has asked you to continue to advance him funds under its working capital line. What should you do? Read Full Blog
July 24, 2013, 07:00 AM
July 24, 2013, 07:00 AM

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... Read Full Blog
May 14, 2013, 07:00 AM
May 14, 2013, 07:00 AM

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. Read Full Blog
April 17, 2013, 07:00 AM
April 17, 2013, 07:00 AM

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... Read Full Blog
March 06, 2013, 07:00 AM
March 06, 2013, 07:00 AM

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. Read Full Blog
January 14, 2013, 07:00 AM
January 14, 2013, 07:00 AM