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When Provisions in a Loan and LLC Agreements Do Not Impermissibly Restrict a Bankruptcy Filing

In In re 301 W North Avenue, LLC, 2025 WL 37897 (Bankr. N.D. Ill. 2025), a bankruptcy court recently addressed provisions in a loan agreement and limited liability company (“LLC”) operating agreement as to their effect on...more

The Hidden Risk for Lenders for Implied Fiduciary Duty

Fiduciary duty may be implied in certain “special circumstances where a lender (i) takes on “extra services” for the borrower, (ii) receives greater economic benefit from a typical transaction; or (iii) exercises extensive...more

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