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Lenders › Chapter 11 › Uniform Commercial Code (UCC)

Troutman Pepper Locke

Navigating Jurisdictional Pitfalls: Lessons From Global One Media, Inc. v. Newtek Small Business Finance, LLC on Lien Filing...

Troutman Pepper Locke on

The Ninth Circuit Bankruptcy Appellate panel recently reaffirmed the longstanding principle that a UCC-1 financing statement securing personal property must be filed at the debtor’s location. In a recent case, the lender did...more

Proskauer Rose LLP

Private Credit Restructuring: Strict Foreclosure Spotlight

Proskauer Rose LLP on

Chapter 11 is expensive and not always the right tool, particularly for a restructuring of a company with a broken balance sheet, as compared to a business with a broken business model. We have seen a significant uptick in...more

King & Spalding

District of Oregon Limits Lender Liability Based on Alleged Control Absent a “Special Relationship”

King & Spalding on

On June 29, 2022, the U.S. District Court for the District of Oregon dismissed a bakery’s breach-of-fiduciary duty and other lender-based claims against a strategic investor and lender. In connection with an attempted...more

Jones Day

Delaware Bankruptcy Court Rules that Bankruptcy Blocking Right in Debtor's Corporate Charter Violates Federal Public Policy

Jones Day on

Courts sometimes disagree over whether provisions in a borrower's organizational documents designed to prevent the borrower from filing for bankruptcy are enforceable as a matter of federal public policy or applicable state...more

Tucker Arensberg, P.C.

Protecting a Consignor’s Interests in Retail Bankruptcy

Tucker Arensberg, P.C. on

A recent decision from the United States Bankruptcy Court for the District of Delaware has a significant impact on both lenders and consignors in retail bankruptcy cases. On April 12, 2019, Judge Mary F. Walrath issued an...more

Bond Schoeneck & King PLLC

UCC-3 Termination Statements: Can They be Trusted?

Bond Schoeneck & King PLLC on

The holdings of two recent decisions from the Bankruptcy Courts of the Western District of Pennsylvania and the Southern District of New York, handed down within three days of each other in March, both affect the amount of...more

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