Category: 2014

Growing Confidence Levels: Lenders Encouraged by Strengthening Economy

The Phoenix Management Q2/13 “Lending Climate in America” survey revealed waning lender optimism; however, sentiment has taken a more positive turn over the last 12 months. The Q2/14 survey indicates that despite a few signs of caution, lenders are increasingly optimistic about the U.S. economy and commercial lending on a near-term and long-term basis.

Moving Companies Forward Into the New Normal

In a Q&A with ABF Journal, Jack Butler of Hilco Global provides insight into the state of the restructuring industry in the current economic and political environment and what he sees down the road for capital markets, corporate restructuring and Bankruptcy Code reform.

Eighth Circuit Rules on Case of First Impression In Three-Party Preferential Transfer Dispute

Lesley Anne Hawes offers insight into Bankruptcy Code preference provisions. Using underpinnings of the Eighth Circuit’s recent decision in the case In re LGI Energy Solutions, Inc., she details the exceptions and defenses to preference recovery, noting that the analysis and rationale of the statute must be applied in a manner consistent with the policies and purposes it was intended to promote.

FinalCut: Love Culture Files Chapter 11; Owes Salus Capital $13.7MM

ABF Journal illustrator Jerry Gonzalez provides his take on the recent bankruptcy filing of Love Culture, a women’s retail chain that owes Salus Capital Partners $13.7 million under a pre-petition credit agreement. Salus will serve as administrative and collateral agent for a lender group for the pending $12 million DIP financing.

Asset-Based Lending 2.0

Over the past two decades, banking has changed radically. From the rise of interstate banking to new regulation and financial reform, asset-based lending has maintained static — until now. Triune managing director Timothy Alexander asks, “Can you teach an old ABL dog new tricks?”