ABF Journal, January 2008
January 2008

Avoid the Burn
Bringing Light to Effective Risk Management

BAPCPA 2005: Helping or Harming?
By Spence Mehl, RCS Real Estate Advisors

In the two years since BAPCPA was signed into law, some have felt the pain new regulation can bring. Will the new rules aid the bankruptcy process or make it harder to reorganize? (Ref # BANK0020)

From the Subprime to the Ridiculous
By Laurence Pettit, Baker & McKenzie

As the fallout of the subprime mess continues to affect the financial world, the rating agencies have taken center stage to an unfriendly chorus of detractors. (Ref # IND105)

Appraisal Exit Strategies
By Ed Zimmerlin, Hilco Appraisal Services

When planning an exit strategy, there are a number of key things to consider. Ed Zimmerlin at Hilco Appraisal Services offers lenders the following advice: Ask! Ask! Ask! (Ref # APP036)

A New Twist for a Time-Tested Risk Management Tool
By Theodore H. Sprink, Fidelity National Financial

In a complex and threatening environment, hazards to a bank’s capital are elevated. Risk managers can now shift commercial loan risk by using time-tested title insurance — with a new twist. (Ref # INS015)

Who’s Watching Your Back?
By Leslie Chiasson, C&R Credit Services
While the days of a handshake sealing the deal have passed, we do live in a time where risk can be mitigated by choosing the right due diligence partner.
Turn to page 53 to find out how background investigations can save your assets.
(Ref # CRD030, FRD019)

Profile of Success

Getting the Job Done With Confidence & Competence
By Stuart P. Papavassiliou, Senior Editor

For Richard Pohle the road to assuming the leadership of KeyBank’s Asset Based Lending Group has been somewhat circuitous and paradoxically, firmly rooted within Key and two of its predecessor organizations. (Ref # EXEC054)

Investigative Report

MX Factors Mastermind Caught After Three Years on the Run

Amanda Gutshall, Assistant Editor

Prosecutors can begin to shut the case against MX Factors as its “mastermind” has been arrested after avoiding authorities since 2004. (Ref # FRD020)


For Hospital Trustees, There’s No Quick Remedy
ByMichael Sandnes, Executive Sounding Board Associates

Although the potential pathways for finding and hiring an interim hospital CEO are varied, making the right choice is not always clear. Michael Sandnes offers a solution for hospital trustees that can keep their organizations out of the red. (Ref # TM073)


No More Priority Surprises …
By Paul Hodnefield, Corporation Service Company

Despite the importance of conducting a proper UCC search, some lenders don’t fully understand the level of diligence required. This article explains the best practices for conducting a diligent UCC search — practices that make for perfection. (Ref # LGL080, CRD031)