Our goal is to provide thoughtful, practical and helpful insights on a variety of legal issues related to the community banking industry.
Articles: 1-10 of 47
A “Pro-Creditor” Supreme Court Decision That Does No Favor for Banks
USA - May 16 2017 Earlier this week, the U.S. Supreme Court held that a creditor who deliberately files a bankruptcy proof of claim for a time-barred claim does not…
So What Does a Bankruptcy Carve-Out Clause Really Mean? Delaware Bankruptcy Court Concludes It is Not a Cap on Fees After All
USA - February 3 2017 In chapter 11 bankruptcy cases, it is not uncommon for secured parties/lenders to provide a “carve-out” for various professional fees. Frequently…
Transfer Act for Lenders
USA - January 26 2017 A previous blog post addressed lender liability for environmental conditions on property a lender might acquire as a result of foreclosure. Another…
Ninth Circuit Holds Debtor Must Pay Default Interest Rate in Order to Cure Under Bankruptcy Plan
USA - January 12 2017 In a win for secured creditors, the Ninth Circuit Court of Appeals recently held that a debtor who sought to cure a pre-petition default of its loan…
The Bond Bandwagon
USA - December 19 2016 Are you ready to jump on the tax-exempt bond bandwagon? Over the last eight years, the landscape of tax-exempt bond financing has changed and more…
New Forms May Alleviate Some Concerns About Massachusetts Notarizations
USA - December 13 2016 Massachusetts is notorious for having hyper-technical rules about notarization. The trouble started in 2009 with the bankruptcy case of Matthew H…
Protecting Lenders from Environmental Liability for Foreclosed Properties
USA - November 1 2016 Readers may recall an earlier blog post regarding a bank’s potential liability for damage to private property caused by a tree falling onto a…
Title Insurance: What is its Value?
USA - October 13 2016 As I type this blog post, I am sitting at my desk with a four-inch-thick binder filled with title insurance forms—form policies, form endorsements…
Unitranche Financing - is it for you?
USA - September 27 2016 The use of unitranche financing creates opportunities for lenders and value for borrowers. There are some risks that lenders must understand in these…
TIMBER! - Liability for damage to private property caused from a fallen tree?
USA - September 20 2016 For better or worse, banks frequently obtain possession of, or title to, pieces of property. Often times, these parcels of land have been neglected…
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