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Insolvency Collateral

Poyner Spruill LLP

A Lender’s Introduction to Fraudulent Conveyances: What They Are and How to Prevent

Poyner Spruill LLP on

Lenders extend loans with the belief that if a borrower fails to make debt service payments, the lender can sell the underlying collateral and recoup the outstanding balance of the loan.  However, bankruptcy courts have the...more

K&L Gates LLP

Confirmation of the Territorial Scope of the Collateral Law

K&L Gates LLP on

Key Takeaway - Luxembourg’s law of 5 August 2005 on financial collateral arrangements, as amended (Collateral Law 2005), continues to offer strong safe-harbor protections for financial collateral arrangements and is now...more

Walkers

Lucy Frew FinTech column October 2024

Walkers on

What are the latest regulatory developments concerning the FinTech sector? The Law Commission’s supplemental report on digital assets as personal property (report), the Property (Digital Assets etc) Bill and the recent...more

ArentFox Schiff

Avoiding Collateral Damage: Lessons of Lehman [Part II]

ArentFox Schiff on

In light of the banking failures of Silicon Valley Bank, Signature Bank and First Republic (as well as Credit Suisse), this summer, the Federal Reserve and the FDIC proposed guidance and rules for larger banks to (i) develop...more

Barnea Jaffa Lande & Co.

Advantage to Israeli Banks When Self-Exercising a Deposited Pledge

A deposited pledge is an arrangement enabling lenders to receive efficient, inexpensive, and readily available collateral from borrowers to secure credit. However, the current legislative arrangement in Israel differentiates...more

Buchalter

Hotel Bankruptcies: 8 Key Issues for Hospitality Advisors

Buchalter on

The COVID-19 pandemic has forced many hospitality professionals and their clients to confront bankruptcy, insolvency, and loan workout issues for the first time since the Great Recession. Chapter 11 presents a host of unique...more

Lowenstein Sandler LLP

How To Respond When Your Banker Requests A Visit

Lowenstein Sandler LLP on

Borrowers should not be surprised when their lender requests a “checkup,” financial review, or audit. Lenders are nervous. Despite long-term institutional relationships with customers, many banks are seeking to reduce...more

Cadwalader, Wickersham & Taft LLP

Delaware Bankruptcy Court Rules TCEH First Lien Distributions Are Governed by the Bankruptcy Code, Not by Intercreditor Agreement...

On March 11, 2016, Judge Christopher Sontchi of the U.S. Bankruptcy Court for the District of Delaware issued an opinion in the Energy Future Holdings bankruptcy that resolved an intercreditor dispute over $90 million in...more

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