Assessing and Avoiding Lender Liability Claims: Don't Let Borrowers or Guarantors Turn the Tables
Continued economic uncertainty and unrest in the credit markets has resulted in a dramatic increase in loan defaults and corporate bankruptcy filings. These events have precipitated a resurgence of lender liability claims as borrowers, guarantors and bankruptcy trustees have become more aggressive in...
Assessing and Avoiding Lender Liability Claims: Don't Let Borrowers or Guarantors Turn the Tables
Continued economic uncertainty and unrest in the credit markets has resulted in a dramatic increase in loan defaults and corporate bankruptcy filings. These events have precipitated a resurgence of lender liability claims as borrowers, guarantors and bankruptcy trustees have become more aggressive in...
Assignments for the Benefit of Creditors: What You Need to Know About ABC's
This OnDemand Webinar will give you an overview of the basics to general assignments for the benefit of creditors, a state law alternative for the liquidation of a distressed business that while long available under state laws, has had little use outside of states such as California, Illinois, Florida...
Bankruptcy Retention and Disclosures: Knowing When and What to Say
Bankruptcy is a specialized practice quite different than typical litigation. In general litigation, secrecy and limited disclosures are the norm. However, the filing of a bankruptcy and one’s involvement in it, either as a debtor, professional or even creditor, requires specific and often extensive...
Buying and Selling Claims in Bankruptcy
You will benefit from an analysis of the latest bankruptcy procedures and forms for the trading of claims in bankruptcy, strategies for maximizing the value of claims, and recent court decisions and orders that could have a substantial impact on the value or enforceability of the claims purchased. In...
Collection Strategies for Locating Hidden and Transferred Assets
Debtors who utilize corporate shells are the bane of commercial collectors, attorneys and creditors. Too often debts and collateral are not recovered from cunning debtors. Most of us are familiar with the shell game in which someone puts a ball under one of several shells and then mixes up the shells...
Commercial Foreclosure Due Diligence Checklist: What to Do Before, During and After Foreclosure
When a commercial mortgage loan becomes troubled, even before it goes into default, the parties must quickly confront a number of issues. For the lender, it is imperative that it conduct a due diligence review of its file, the loan and the collateral as soon as possible. Should the default not be cured...
Commercial Lending Opinion Letters: Rights, Obligations and Expectations
Commercial lenders routinely require a borrower’s lawyer to deliver a legal opinion at the closing of the loan transaction. The borrower has to pay for this but rarely believes that the exercise provides any benefit to the borrower. If the legal opinion is not negotiated until the end of the transaction,...
Curing Title Exceptions
Titles are often subject to outstanding interests and claims, some genuine but others unsubstantial or baseless. What types of defects, liens and encumbrances impair the title to real estate? When, as the result of tangible matters revealed by a search and examination of the title, is the title unmarketable?...
Current Issues in Commercial Collections
This OnDemand Webinar is geared toward the practitioner involved in collecting commercial debts. Since the specific remedies available, and best practices, will vary from state to state, this is designed to provide a general overview of the various techniques and ideas to improve collection success....
