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Bankruptcy Court Finds Lender’s Fee Application, Seeking Double the Debtor’s Fees, Reasonable

On January 3, 2024, the U.S. Bankruptcy Court for the Western District of Texas issued an order approving, in substantial part, a contested fee application submitted by 100 E. 7th Street Lender LLC, an oversecured lender to...more

Northern District of Texas Denies Summary Judgment to Lender on Fiduciary Duty Claim Based on Evidence of Excessive Control

On February 6, 2024, the U.S. District Court for the Northern District of Texas, recognizing that a lender may assume a role of a fiduciary to a borrower in certain circumstances, denied a summary judgment motion by Wallis...more

Court Holds a Market-Tested Transaction Is Not a Fraudulent Transfer

On June 14, 2023, the United States Bankruptcy Court for the District of Delaware entered judgment for the defendants, the former owners of Samson Investment Company (the “SIC”), in a fraudulent transfer action brought by...more

Southern District of Ohio Finds Bank’s Settlement of Fraudulent Transfer Claim Uninsurable

On December 16, 2022, the U.S. District Court for the Southern District of Ohio held that a settlement of a fraudulent transfer suit was not covered under the settling defendant’s insurance policies. Huntington National Bank...more

Eleventh Circuit Holds That Florida UCC Registry Is Subject to “Zero-Tolerance Rule” on Properly Naming Borrower

On September 29, 2022, the U.S. Court of Appeals for the Eleventh Circuit, applying the Florida Supreme Court’s answer to a certified question, held that a creditor that filed a UCC-1 financing statement under an abbreviated...more

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