Creditors of insolvent Delaware limited liability companies blocked from suing managers for breach of fiduciary duty *

USA - November 24 2010
In today's turbulent economic climate, it is vital for creditors and debtors to understand the precise boundaries of their rights and duties when an enterprise becomes insolvent.

Co-authors: Stefani Thomas.

In re Tousa highlights risks to lenders relying on after-acquired collateral and “savings clauses” in loan documents *

USA - March 29 2010
The recent case of In re Tousa, Inc. (Official Committee of Unsecured Creditors of Tousa, Inc., v. Citicorp North America, Inc., Adv. Pro. No. 08-1435-JKO (Bankr. S.D. Fla., October 13, 2009)) has attracted considerable attention – and dread – in the banking and legal communities.

Co-authors: William C. Holland.

New restrictions on creditors’ rights exclusions in title insurance policies *

USA - February 12 2010
Anyone who obtains title insurance, whether as an owner or a lender, should be aware of a recent abrupt and significant change in title insurance practices across the country.

Co-authors: Eric A. Altoon, Dena M. Cruz.