State of the Factoring Market — Yin & Yang in 2012

Working Capital Solutions’ Tom Siska provides both the yin and the yang for the factoring industry in 2012. The good news: Things will not be as bad as the Great Recession of 2008 and 2009. The bad news: Things will most likely get worse in 2012 before they get better, and no one knows when that will be.

Refinancings Drive ABL Pipeline Toward Record 2011 Issuance; 2012 Deal Flow Unclear

So far this year, asset-based lending (ABL) has been one for the record books — although the accompanying enthusiasm has been fairly muted. Looking forward to Q4/11 and into 2012, prospects for deal flow are in a bit of a fogbank in terms of where new deals will come from. And while it’s been a good year for ABL in terms of issuance, the rest of the year is unclear.

Federal Loan Survey — Increased Competition Spurs Continued Easing for C&I Loans

In July 2011, the Federal Reserve Board conducted a Senior Loan Officer Opinion Survey on bank lending practices over the past three months. Lenders from 55 U.S. banks continued to ease lending standards and most terms on all major types of loans other than loans secured by real estate.

A Brand-New Ball Game? What Stern v. Marshall Means for Lenders

What’s all this about Stern v. Marshall? Commentators and courts have scrambled to take the Supreme Court at its word, and attempt to limit the impact of the Stern decision. Whether these decisions will stand up under future Supreme Court review, if and when it occurs, is not so clear. Early decisions seem favorable, but it is likely that litigants emboldened by Stern—including those adverse to secured creditors—may probe the limits of bankruptcy court authority.