Category: Published Articles

Best of Both Worlds — Trade Capital & AR/PO Groups Join Forces at Wells Fargo Capital Finance

Under Stuart Brister’s leadership, the recently launched Commercial Services Division of Wells Fargo Capital Finance brings together the company’s trade capital business and AR/PO financing group under one umbrella, resulting in greater operational and marketing efficiencies and providing the opportunity to broaden the unit’s product offerings and geographic reach.

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.