Category: 2013

Loan Can Be Re-Characterized as Equity for Fraudulent Conveyance Purposes

The Court of Appeals for the Ninth Circuit has joined other circuits in holding that the bankruptcy court has the authority to re-characterize a debt obligation as equity in the context of a fraudulent transfer avoidance action under the Bankruptcy Code. For third-party, non-insider creditors, the Fitness Holdings decision is a helpful tool to restore assets to the debtor’s estate that were transferred to the holder of an equity interest in the guise of a debt repayment.

FinalCut: Oreck Files for Bankruptcy

ABF Journal illustrator Jerry Gonzalez offers his portrayal of the Chapter 11 filing by vacuum manufacturer Oreck – assets of which are subject to a lien securing a $20 million line of credit from a lender group led by Wells Fargo – and the Oreck family’s bid to reclaim the company from Black Diamond Capital Management.

IFA Survey: Large Majority of Factors Have High Expectations for 2013

The 2013 International Factoring Association (IFA) Business Profile and Performance Survey was distributed to about 1,500 factoring industry members in the U.S. and Canada in January 2013. The purpose of the study was to provide information that can be used by members to benchmark their own performance metrics and better identify operating practices and trends.