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Maximizing Recovery on a Secured Loan Through an Article 9 Sale of a Going Concern

USA - May 18 2016 In working out of a troubled commercial credit, often the optimal exit strategy for the senior lender is a sale of the borrower’s business as a going…

Recent Court Decisions Affecting Lenders in Restructuring and Other Workout Matters

USA - May 23 2017 In a continuing effort to alert our lender clients and other friends to developments in the bankruptcy, restructuring, workout and creditors’ rights…

Jeffrey W. Bieszczak

Recent Noteworthy Court Decisions Affecting Lenders in Restructuring Matters

USA - May 18 2016 Earlier this year, two federal appeals courts decided cases that are significant to lenders whose borrowers are experiencing financial distress. In…

Jeffrey W. Bieszczak, Kaitlyn M. Geiger

Onkyo Electronics v. Global Technovations

USA - September 17 2012 On Sept. 13, 2012, the U.S. Court of Appeals for the Sixth Circuit became the first circuit court to opine on whether Stern v. Marshall, 131 S. Ct. 2594 (2011), permits a bankruptcy court to fully adjudicate and enter final judgment in a fraudulent transfer action.

Lender Risk Calculus Changes in Financing Leveraged Transactions

USA - June 22 2018 Leveraged transactions, such as leveraged buyouts (LBO) and leveraged recapitalizations, carry the risk of being unwound in a later bankruptcy of the…

Jeffrey W. Bieszczak