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Eleventh Circuit Holds that D’Oench Doctrine Bars Lack of Authority Defense

On January 12, 2023, the U.S. Court of Appeals for the Eleventh Circuit reversed the dismissal of a claim against Renasant Bank seeking to invalidate a security interest that Renasant acquired through an FDIC receivership....more

Bankruptcy Court Finds Lender Tortiously Interfered With Debtor’s Access to DIP Financing

On September 2, 2022, the U.S. Bankruptcy Court for the Southern District of West Virginia found that a lender’s actions to prevent one of its borrowers from extending DIP financing to another borrower (the debtor)...more

Delaware Bankruptcy Court Enters Judgment for Lender Due to Inadequately Pled Damages Despite Clear Breach of Fiduciary Duties

On May 2, 2022, the U.S. Bankruptcy Court for the District of Delaware entered judgment, after a bench trial, for a lender on breach of fiduciary duty claims brought by the litigation trust for the borrower, finding that the...more

Bankruptcy Court Avoids Debtors’ Guarantee as a Fraudulent Transfer

On May 4, 2022, the U.S. Bankruptcy Court for the District of Hawaii avoided, as fraudulent transfers, debtors’ guarantee of an affiliate entity’s preexisting debts. In 2019, Tianjin Dinghui Hongjun Equity Investment...more

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