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Dealing with Corporate Distress 11: How to Protect Your Claim In & Out of Bankruptcy
A Series on the ABCs of ABCs, when it comes to claims there’s a plethora of them. From secured to unsecured, to bankruptcy and trade. Read all the basics in this installment of Dealing with Corporate Distress. This Installment covers how to protect you claim in a bankruptcy case.
Dealing With Defaults Under Article 9 of UCC: A Player’s Guide for the 21st Century
What are the legal remedies available under Article 9 of the UCC to a lender whose loan is secured by the personal property of a borrower who is in default? How can these legal remedies can be implemented in practice?
Dealing with Corporate Distress 10: All About “Claims” Outside Bankruptcy
A Series on the ABCs of ABCs, when it comes to claims there’s a plethora of them. From secured, to unsecured, to bankruptcy, and trade. Read all the basics in this installment of Dealing with Corporate Distress. This Installment expands on the complexity of claims and claim priority in bankruptcy.
Important Issues and Developments When Filing a Proof of Claim
Are you filing a proof of claim in a chapter 11 bankruptcy case? There are many risks and issues to be cautious of as a creditor filing a proof of claim.
Dealing with Corporate Distress 09: All About “Claims” in Bankruptcy
A Series on the ABCs of ABCs, when it comes to claims there’s a plethora of them. From secured, to unsecured, to bankruptcy, and trade. Read all the basics in this installment of Dealing with Corporate Distress.
90 Second Lessons: The Mindset of a Real Estate Workout Lender
Editor’s Note: this is part of our irregular series in which we answer readers’ questions. If you have a question, submit it to [email protected] and we will try to answer it. Question Russell S. wrote in asking, “I have a real estate portfolio that consists of several commercial buildings, and my loans are badly in default. My […]
3 Issues for Vendors to Consider When Their Customer Files Bankruptcy
Trade Creditors Still Have Options In the Event of a Customer Bankruptcy When a customer files bankruptcy, vendors can be exposed to considerable losses if they have debts owed by the customer that arose before the commencement of the case (the “Petition Date”). Once the case is filed, the vendor becomes a creditor, or trade […]
Which Creditors Get Paid First? The Liquidation Order of (Absolute) Priority
What is the Hierarchy of Claims Under the Absolute Priority Rule? If you are a vendor, service provider, or another unsecured creditor to a chapter 11 debtor, you cannot be blamed for feeling like a duped lover after learning about the bankruptcy of your once devoted business companion. Despite the promises of “I’ll stand by […]
Third-Party Litigation Funding (TPLF) and Ethical Issues In Bankruptcy
Investing in Litigation – The Bankruptcy Code and Third-Party Funding TPLF often arises when investing in bankruptcy cases. Third-party litigation funding can be a pre-petition secured or unsecured creditor— the TPLF source funded litigation and thereby acquired property rights in litigation proceeds or otherwise. The TPLF source may be sought to finance post-petition litigation for […]
Lender Liability Claims are Alive and Well: A Case Study
Lender Liability Law Protects Distressed Borrowers from Unfair Practices The relationship between a lender and borrower can be complex. The borrower wants capital to run and grow its business, and the lenders want to earn a return and eventually get their principal back. If the borrower complies with the terms of the loan, all is […]