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Recent Second Circuit Decision Holds That Term Loans Are Not Securities in a Win for Participants in the Syndicated Loan Markets

In Kirschner, the Court of Appeals for the Second Circuit unanimously affirmed a district court order that held that notes evidencing term loans were not securities but rather “[l]oans issued by banks for commercial...more

Caveat Lendor: Serta Confirmation Opinion Permits Uptier with Finding of “Good Faith” and Provides Indemnity for Participating...

Majority lender groups and stressed borrowers notched another win in the uptier wars when Judge David Jones of the U.S. Bankruptcy Court for the Southern District of Texas (the “Court”) issued a June 6, 2023 opinion (the...more

Recent Ninth Circuit Decision Regarding Interest on Claims for Unimpaired Credit

On August 29, 2022, in the PG&E bankruptcy matter, the Court of Appeals for the Ninth Circuit became the first circuit-level court to address the question of what is the correct rate of interest to be applied to unimpaired...more

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