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Results: 1-10 of 234

Actions speak as loud as words in Deprizio waivers
  • Alston & Bird LLP
  • USA
  • May 27 2015

On May 6, 2015, the Court of Appeals for the Ninth Circuit considered whether so-called“Deprizio waivers,” where an insider guarantor waives


Lenders bewareDelaware Supreme Court states a UCC-3 filing is effective regardless of intent
  • Alston & Bird LLP
  • USA
  • November 19 2014

On October 17, 2014, the Delaware Supreme Court held that under the Delaware Uniform Commercial Code, the subjective intent of a secured party is


Federal district court: distressed debt fund not a “financial institution”
  • Alston & Bird LLP
  • USA
  • April 8 2014

A federal district court has ruled that a distressed debt fund is not a "financial institution" for purposes of the assignment provisions of a loan


Debtor’s claim against lender and special servicer for breaching duty to act in good faith and to deal fairly survives motion to dismiss
  • Alston & Bird LLP
  • USA
  • October 15 2013

In Burcam Capital II, LLC v. Bank of America, N.A., et al, No. 13-00063-8 (Bankr. E.D. N.C. Oct. 1, 2013), an adversary proceeding filed in In re:


“Bad boy” guaranties and bankruptcy: New York court enforces non-recourse carve-out guaranty
  • Alston & Bird LLP
  • USA
  • October 14 2013

A recent New York court decision has cleared the way for lenders to seek recovery against non-recourse carve-out, or "bad boy," guarantors during a


The court in ResCap denies in part and grants in part secured lenders’ motion to dismiss committee complaint challenging secured status
  • Alston & Bird LLP
  • USA
  • August 28 2013

In an adversary proceeding arising out of the Chapter 11 case of Residential Capital, LLC ("ResCap"), the bankruptcy court denied in part and granted


TOUSA redux: the Eleventh Circuit Court of Appeals affirms bankruptcy court’s avoidance of constructively fraudulent transfers and reverses the district court
  • Alston & Bird LLP
  • USA
  • May 18 2012

The outcome of the TOUSA appeal has been much anticipated and closely watched by the lending community, their counsel and advisors, and legal scholars


Recent decisions on non-recourse carve-outs in CMBS loans
  • Alston & Bird LLP
  • USA
  • March 19 2012

Recent court decisions in the state of MichiganWells Fargo Bank, NA v. Cherryland Mall, ____ N.W.2d _____, 2011 WL 6785393 (Mich.App. 2011) (Cherryland) in the Michigan intermediate appellate court and 51382 Gratiot Avenue Holdings Inc. v. Chesterfield Development Company, 2011 U.S. Dist. LEXIS 142404 (E.D. Mi. Dec. 12, 2011) (Chesterfield) in a federal district courthave presented lenders, master and special servicers with new considerations in enforcing their rights and remedies, but confronted borrowers and guarantors in real estate finance markets with vastly different legal liability and unexpected economic consequences than had previously been understood or thought to have been documented in CMBS mortgage transactions


Bay Cities Bank assumes all of the deposits of Progress Bank of Florida
  • Alston & Bird LLP
  • USA
  • October 25 2010

On Friday, the Florida Office of Financial Regulation closed Progress Bank of Florida, headquartered in Tampa, Florida, and appointed the FDIC as receiver


Ameris Bank assumes all of the deposits of First Bank of Jacksonville
  • Alston & Bird LLP
  • USA
  • October 25 2010

On Friday, the Florida Office of Financial Regulation closed First Bank of Jacksonville, headquartered in Jacksonville, Florida, and appointed the FDIC as receiver