The author explains that inventory — of all the categories of purchase money collateral — gives rise to the most nuanced issues in terms of practical application, and why proper diligence and adherence to statutory rules by purchase money security interest creditors is necessary to secure the desired results.
In Part 2 of this two-part series, Robert B. Stein probes deeper into the topic of split collateral intercreditor agreements, honing in on DIP financing and adequate protection, limitations on modifications to loan documents and the purchase option.
Substantial shifts happening in the market and banking industry are changing the way specialty lenders exchange information with their prospects and clients. The author explains why lenders need to utilize technology intelligently to remain competitive in 2014 and onward.
ABF Journal illustrator Jerry Gonzalez provides his take on a January speech given by U.S. Attorney Preet Bharara to the Association of Certified Anti-Money Laundering Specialists in which Bharara said the $1.7 billion penalty JPMorgan Chase paid for violating the Bank Secrecy Act in connection with the Bernard Madoff fraud would not be the only aggressive action his office plans to take.
Attorney Lesley Anne Hawes examines a recent Eighth Circuit Court of Appeals opinion reaffirming the established principle that secured creditors’ liens pass through bankruptcy unaffected. She notes that the decision is helpful to secured creditors because it confirms at the federal circuit level this important attribute of lienholder status in bankruptcy cases.
The author explains why private equity firms can expect deal volume to increase this year, valuations to remain high and acquisitions to fuel corporate growth as the economy sputters along.
With several recent Chapter 9 bankruptcy filings by municipalities in the spotlight, creditors at every level of the capital structure need to be aware of rules and statutes that affect their rights in the insolvency of a municipality. This article addresses the requirements for, and limitations on, municipal bankruptcy filings in New York, New Jersey and Connecticut, the effect of bankruptcies on creditors and results from notable filings.
The founders of Alderney Advisors discuss the underlying causes of financial distress, barriers to successful turnarounds and why advisors seeking viable restructurings cannot stop at the balance sheet.