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Lenders › Secured Debt › Default

Walkers

Privy Council clarifies secured party’s duty when realising security

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The Privy Council has clarified that the duty of care to "obtain the best price reasonably obtainable" in the sale of secured collateral does not require a secured party to improve an asset before sale to obtain the best...more

Nelson Mullins Riley & Scarborough LLP

Fifth Circuit Holds that Section 363(m)’s “Good Faith Purchaser” Protection Applies to Secured Creditor that Used “Economic...

Nelson Mullins Riley & Scarborough LLP on

On April 17, 2023, the Fifth Circuit Court of Appeals, in Matter of RE Palm Springs II, L.L.C., 2023 WL 2966520 (5th Cir. April 17, 2023), held that a senior lender who uses economic leverage and asserts its legal rights to...more

Miller Canfield

When do Secured Lenders Have to Pay for Operating Expenses?

Miller Canfield on

Secured lenders whose commercial loans are in default often face a serious question: should they allow a commercial property’s expenses to be paid, potentially increasing their losses? Or should they minimize their immediate...more

Moritt Hock & Hamroff LLP

Bankruptcy Court Determines That The Right Of A Surety To Recover Retainage In A Construction Contract Due To Equitable...

Moritt Hock & Hamroff LLP on

On July 2, 2019, the United States Bankruptcy Court for the Southern District of Mississippi sent a clear message to secured lenders that their security interests on a contractor's account receivables, even if perfected, will...more

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