Legal Archives - ABFJournal

Maryland Senate Passes Commercial Finance Disclosure Law, House Considers Consumer Type Disclosures in Commercial Loans

The Maryland Senate unanimously approved amended Senate Bill 496 last week – a measure proposed to curb perceived commercial lending abuses in Maryland by requiring additional financial disclosures when making loans to small businesses. The bill has moved on to the House for consideration.

Does §503(B)(9) Of The Bankruptcy Code Apply To Hybrid Goods/Services Transactions?

Eric Chafetz and Lindsay Sklar of Lowenstein Sandler examine the decision in In re Sklar Expl. Co., LLC, a case which dealt with Section 503(b)(9) of Chapter 11 of the U.S. Bankruptcy Code and how it relates to trade creditors that supply both goods and services to financially distressed customers.

October 5, 2022 bankruptcy | Eric Chafetz | Lindsay Sklar | Lowenstein Sandler | U.S. Bankruptcy Code Markiesha Thompson

Aggressive Pursuit of Repayment or Crossing The Line? Takeaways From The Bailey Tool Bankruptcy Case

In a case study of the recent decision in the Bailey Tool & Manufacturing Company bankruptcy case, Theresa Driscoll of Moritt Hock & Hamroff provides best practices for lenders to pursuit repayment without risking lender liability.

July 21, 2022 Bailey Tool & Manufacturing Company | Lender Liability | Moritt Hock & Hamroff | Theresa Driscoll Markiesha Thompson

Early Specialized Diligence: The Prescription for Successful Healthcare Finance Lending

As the healthcare sector continues to be an attractive arena for lenders, it’s important to remember that special care must be taken to close deals efficiently in this space. Stacy Hopkins of Paul Hastings urges lenders to perform specialized due diligence early in the loan lifecycle to ensure healthcare lending deals get done.

June 17, 2021 Paul Hastings | Stacy Hopkins Ian Koplin

Loan Modifications and Forbearance Agreements in the Age of COVID-19

The COVID-19 pandemic has caused a great deal of financial stress for borrowers, which means loan modifications and forbearance agreements have become necessities. Inez M. Markovich of McCarter & English and Howard Brod Brownstein of The Brownstein Corporation outline what lenders and borrowers should expect.

May 11, 2020 Forbearance Agreement | Howard Brod Brownstein | Inez M. Markovich | McCarter & English | The Brownstein Corporation Phil Neuffer

Collateral Description By Reference

Jeffrey Wurst examines two standards of the UCC for collateral description. He explains why lenders must exercise caution when intending to lend against collateral that is represented not to be part of a prior lender’s collateral package.

April 8, 2020 collateral description | Jeffrey A. Wurst | Ruskin Moscou Faltischek | UCC Kevin Finegan

Multiple Choice Test: Make-Whole Claims in Bankruptcy Are (A) Enforceable, (B) Not Enforceable, (C) Maybe Enforceable

Conflicting decisions by the 2nd, 3rd and 5th Circuit courts have created confusion over the status of make-whole claims in bankruptcy. Stephen Selbst analyzes the controversial cases and calls for a resolution either by a Supreme Court ruling or an amendment to the Bankruptcy Code.

April 7, 2020 Herrick Feinstein LLP | Stephen B. Selbst Kevin Finegan

What’s Next For LIBOR Transition in 2020?

The 2012 LIBOR scandal, in which a group of bankers manipulated the global interbank rate, rocked the financial world. LIBOR, long used to establish interest rates on commercial and consumer loans, is scheduled to sunset in 2021. The question “what will replace LIBOR?” has persisted. Oscar Stephens provides an overview of the current situation and offers a preview of SOFR, the top contender for LIBOR’s replacement.

April 7, 2020 Greenberg Taurig | LIBOR | Oscar Stephens Kevin Finegan

Why Are MCAs Doing So Well in the Courts?

Merchant Cash Advances (MCAs) are a divisive issue in the lending community, with good reason. Jeffrey Wurst examines the pitfalls that can undermine an ABL lender and observes that many judges make rulings regarding MCAs without fully understanding the nuances of the issues.

November 1, 2018 Jefferey A. Wurst | Legal Lines | Ruskin Moscou Faltischek Amanda Koprowski

Category: Legal