Losing its business and having to repay its debts can compel a bitter borrower to retaliate against a lender, blaming the lender for its default. Jeffrey Wurst notes the courts do not always favor borrowers, as a recent suit filed against MB Financial Bank demonstrates.
In the world of bankruptcy, the definition of “consignment” is not as simple as it would seem. In the ongoing Sports Authority bankruptcy case, the company is trying to remain afloat by selling merchandise it obtained on consignment. The consigners, of course, want to be paid, as do the company’s lenders. Judge Cyganowski reviews the case, which has not yet been resolved, and explains the complexities of consignment.
As brick-and-mortar retailers scramble to increase their online presence while fending off bankruptcy, regional shopping malls struggle to fill empty spaces and replace anchor stores. Stephen Selbst examines the issues lenders and investors are facing as this iconic part of U.S. life tries to reinvent itself.
Spurred by the rapid growth of e-commerce and online lending, e-signatures and e-documents are becoming an essential part of business. However, both terms remain loosely defined in a legal sense. Paul Shur examines the regulations and case law that govern their use.
Assigning payment rights is a basic concept that enables borrowers to obtain working capital. However, matters can be more complex when working with government departments. Jeffrey Wurst explains a recent decision in a Florida appellate court that requires state government departments to make payments when the debt has been reassigned to a factor if proper procedures have been followed.
People often assume that federal law takes precedence over state law, and, in many cases, it does. However, when it comes to perfecting securities under the UCC, federal law preserves the priorities established by states. Stephen Brodie and Tzvi Weisz examine the interplay between security interests under the UCC and federal tax liens.
In March, the U.S. Supreme Court overruled the decision of three lower courts by determining the Bankruptcy Code does not permit “priority skipping” in Chapter 11 structured cases. Kurt Mayr and Shannon Wolf examine the pivotal Czyzewski v. Jevic Holding case and explain the implications for future structured dismissals in Chapter 11 cases.
A recent case before the New York State Court of Appeals ruled that a “trade is a trade” if an informal agreement exists even though a formal document has not been signed. Martin Eisenberg represented Stonehill Capital Management in this case that has international ramifications and creates stability in the marketplace.
Creditors often refrain from actively participating in Chapter 7 bankruptcy proceedings. Jack O’Connor interviews his colleague, Michael Traison, who represented the creditors in a Chapter 7 case and was able to recoup a significant amount for the estate in a precedent-setting decision.
Unitranche facilities are growing in popularity. They require less paperwork, so borrowers find them more economical and quicker to close. The unitranche is an agreement among lenders without the framework of the UCC or the Bankruptcy Code. Blank Rome’s Danielle Garcia and Alyssa Keon explain how unitranche facilities differ from intercreditor agreements and point out ways to create a more effective agreement among lenders.