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Bankruptcy Appellate Panel of the Tenth Circuit Rejects Claw Back for Third Party Guaranty

On February 21, 2024, the U.S. Bankruptcy Appellate Panel of the Tenth Circuit held that a debtor who receives several direct benefits from a loan to an operating company has received “reasonably equivalent value” in exchange...more

Northern District of California Refuses to Decertify Class in Ponzi Suit Action Against Umpqua Bank

On June 25, 2024, the U.S. District Court for the Northern District of California denied motions by Umpqua Bank to decertify a class of alleged Ponzi scheme victims and for summary judgment on the class’s entitlement to...more

Florida Appellate Court Holds that Bank Does Not Owe Fiduciary Duties to Customer in Connection with Lending to Third-Party

On August 30, 2023, the Florida Third District Court of Appeal affirmed the dismissal of negligence claims against First National Bank of South Miami brought by a group of limited liability companies after a bank customer...more

U.S. Bankruptcy Court for the Southern District of Texas Upholds “Uptier” Transaction in Serta Bankruptcy Case

On June 6, 2023, the U.S. Bankruptcy Court for the Southern District of Texas upheld an “uptier” transaction in which Serta Simmons, before it filed for bankruptcy, provided some of its existing lenders with new priming loans...more

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