ABF Journal illustrator Jerry Gonzalez provides his take on The Second Circuit Court of Appeals denying JP Morgan Chase’s petition for a hearing en banc regarding a prior decision on the mistaken termination of UCC financing statements securing its $1.5 billion loan to General Motors, resulting in a major victory for GM’s unsecured creditors.
Recent court rulings should put secured lenders on alert to ensure the security interests they bargain for are enforceable. ABF Journal recently highlighted a notorious case involving JPMorgan Chase’s mistaken release of its UCC financing statements and resulting failure to secure its $1.5 billion loan to General Motors. Rick Antonoff, a partner with Blank Rome, goes beyond JPMC to discuss other surprising rulings.
Steve Tomasello, EVP, East Division president of Crestmark Bank, recounts a complicated transaction for a thermoforming company that required a customized solution and carefully timed, coordinated efforts by an experienced lending team.
When a distressed company, led by a newly appointed owner, faced repeated rejections from traditional lenders, Lawrence Gardner Associates stepped in and enlisted an asset-based lender to creatively finance U.S. dollar-denominated Mexican receivables, crafted a successful exit strategy from a factoring agreement, and set up the company for sustainable growth.
In his six years leading Citizens Bank’s ABL unit, Citizens Business Capital, Chris Carmosino has targeted his efforts on commercial bank alignment and expanding the lending group’s offerings within the larger scope of the bank, to provide clients with holistic solutions encompassing all aspects of the debt capital structure.
The U.S. and global M&A feeding frenzy continues on, as leveraged finance conditions are relatively favorable for financing acquisitions and dividends, boding well for M&A activity in the remainder of 2015. KPMG managing directors Joe Nuzzolo and Bill Welnhofer say the Federal Reserve may not put a halt to the liquidity fueling the M&A fires just yet.
Baker Donelson attorneys M. Ruthie Hagan and Zachary B. Busey dissect the tumultuous In re CTLI, LLC bankruptcy case involving and including a debtor, a derivative action, Chapter 11, an order to surrender social media account passwords, the U.S. Marshals Service and even jail time. The resulting ruling will be frequently cited in future social media cases.
A new generation of appraisers has emerged to meet the growing need of ABLs to value collateral and execute on transactions, with growing access to actionable data, along with associated offerings that mitigate risk and unleash value in a constricted marketplace.
Monroe Capital CEO Ted Koenig writes that, while signs point to a credit cycle entering its final stages, he expects a softer landing than in 2007. Attractive investment opportunities for non-bank lenders, ABLs and other non-regulated credit providers are expected to continue, as the new landscape emerges.