Lenders should view as cautionary tales two recently handed down decisions regarding UCC-1 financing statements and the perfection of security interests. On December 20, 2019, the U.S. Bankruptcy Court for the District of...more
2/24/2020
/ Chapter 12 ,
Commercial Bankruptcy ,
Debtors ,
Due Diligence ,
Lenders ,
Perfected Security Interest ,
Retail Installment Sales Contracts ,
Security Agreements ,
UCC Financing Statements ,
Uniform Commercial Code (UCC) ,
Unsecured Debt
On September 19, the Securities and Exchange Commission’s Investor Advisory Committee held a hearing to discuss the risks of increased leverage in the loan market and the potential impact leveraged loans and collateralized...more
10/29/2019
/ Arbitrage ,
Capital Requirements ,
Collateralized Loan Obligations ,
Covenant Lite Deals ,
Disclosure Requirements ,
EBITDA ,
Financial Markets ,
Information Sharing ,
Leveraged Loans ,
Loans ,
Rating Agencies ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
Tax relief may be coming for issuers and holders of debt instruments and parties to derivatives and other financial contracts governed by LIBOR (the London Interbank Offered Rate). ...more
10/14/2019
/ Consumer Financial Contracts ,
Debt Instruments ,
FASB ,
Financial Instruments ,
Financial Regulatory Reform ,
IRS ,
Libor ,
Market Participants ,
Proposed Regulation ,
Rulemaking Process ,
Safe Harbors ,
Tax Planning ,
Tax Relief
In a win for lenders, on September 11, the U.S. Court of Appeals for the Seventh Circuit reversed the U.S. Bankruptcy Court for the Central District of Illinois, holding that the collateral description in the UCC-1 financing...more
10/1/2019
/ Appeals ,
Bankruptcy Court ,
Chapter 7 ,
Collateral ,
Commercial Bankruptcy ,
Commercial Loans ,
Financial Institutions ,
Lenders ,
Liens ,
Reversal ,
Security Agreements ,
UCC Financing Statements ,
Uniform Commercial Code (UCC)
In a win for lenders, on March 18, the U.S. Bankruptcy Court for the Southern District of New York held that an unambiguous make-whole provision in a loan contract was enforceable under New York law, despite the fact that the...more
On August 20, the U.S. Bankruptcy Court for the Central District of Illinois in In re I80 Equipment, LLC, No.17-81749, 2018 WL 4006294 (Bankr. C.D. Ill. Aug. 20, 2018) held that a secured party failed to perfect its security...more
On May 8, the U.S. Bankruptcy Court for the Western District of Missouri in In re 8760 Service Group held that a creditor had a first-priority interest in certain collateral of a debtor, before a subsequent creditor, despite...more
On June 20, the U.S. Bankruptcy Court for the District of Delaware held that anti-assignment clauses contained in certain promissory notes were enforceable under Delaware law, contract law and the Uniform Commercial Code....more
LIBOR has been referred to as “the world’s most important number,” and $350 trillion in financial products pegged to LIBOR provide strong reason for believing that description to be true. LIBOR, the London Interbank Offered...more