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Considerations for lenders in workouts & loan restructurings
  • Bilzin Sumberg Baena Price & Axelrod LLP
  • USA
  • February 12 2015

Despite the improvement in the economy since the advent of the “Great Recession,” many businesses nevertheless continue to struggle. Accordingly

Business law quarterlysummer 2014
  • Dykema Gossett PLLC
  • USA
  • August 25 2014

You may have encountered the term “bankruptcy remote”. It was coined to refer to a method of endowing a company with certain characteristics which

PACA and bankruptcy: what secured lenders must know
  • Choate Hall & Stewart LLP
  • USA
  • May 27 2014

The Perishable Agricultural Commodities Act has many ramifications for secured lenders who provide financing to borrowers that own goods that fall

Getting and keeping your place in line: two reminders if you take personal property as security for a debt
  • Ward and Smith PA
  • USA
  • August 29 2013

As all creditors know, you must file a financing statement under the Uniform Commercial Code ("UCC"), called a "UCC-1," with the North Carolina

Euroresource--deals and debt
  • Jones Day
  • Netherlands, Spain, United Kingdom, USA
  • July 30 2013

On 26 July 2013, the French government filed an amicus curiae ("friend of the court") brief supporting Argentina's petition requesting the U.S

International regulatory update 10-14 December 2012
  • Clifford Chance LLP
  • European Union, Germany, Hong Kong, Italy, Spain, United Kingdom, USA
  • December 17 2012

The European Council (Heads of State or Government) has published the conclusions from its meeting on 13 and 14 December 2012, at which it agreed on a roadmap for the completion of the Economic and Monetary Union

Taking a security interest in a closely held business
  • Sherman & Howard LLC
  • USA
  • November 1 2012

If a loan or extension of credit requires collateral, banks prefer collateral that is readily marketable rather than taking a security interest in a closely-held business

FDIC weighs in on director and officer removal of bank documents
  • Bryan Cave LLP
  • USA
  • March 19 2012

Following the failure of over 400 financial institutions since the beginning of 2008, the FDIC has clarified its expectations with respect to collection and retention of bank documents by directors and officers of troubled or failing financial institutions for the purpose of explaining or defending their conduct

FDIC files suit against former directors of the Bank of Asheville
  • Bryan Cave LLP
  • USA
  • January 25 2012

On December 29, 2011, the FDIC filed suit against seven former directors of the Bank of Asheville in the Western District of North Carolina seeking to recover over $6.8 million in losses suffered by the bank prior to receivership

FDIC adopts final rule requiring living wills for financial institutions; institutions must now describe how they will be liquidated
  • Lowenstein Sandler LLP
  • USA
  • September 14 2011

On September 13, 2011, the Federal Deposit Insurance Corporation approved a final rule requiring certain financial institutions to prepare a plan for their dismantling in the event of material financial distress or failure