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To Fund or Not to Fund? Responding to a Draw Request from a Distressed Borrower

June 2017
Practice and Procedure, Business Reorganization, Finance and Banking, Lender Liability

The Investigation of Financial Statements for Fraud

Dec 2017
Claims, Bankruptcy Litigation, Corporate Governance, Creditors' Committee, Ethics, Financial Advisors, Fraud, Fraudulent Transfers, Plan Confirmation, Preferences, Valuation, Business Reorganization, Commercial Fraud, Finance and Banking, Insurance, International Insolvency, Lender Liability, Public Companies and Claims Trading, Puerto Rico, Turnaround Issues, Unsecured Trade Creditors

Enough Is Enough: Bank’s Bad Faith Results in Lien Avoidance

March 2016
11 U.S.C. § 510, 11 U.S.C. § 548
Fraud, Fraudulent Transfers, Commercial Fraud, Finance and Banking, Lender Liability

Lenders and Directors Beware of Dead-Hand Proxy Put

Sep 2015
Claims, Bankruptcy Litigation, Corporate Governance, Creditors' Committee, Ethics, Financial Advisors, Practice and Procedure, Business Reorganization, Finance and Banking, Investment Banking, Lender Liability, Public Companies and Claims Trading, Turnaround Issues

There’s No Place Like Confirmation: Tenth Circuit Upholds Dismissal of Nondischargeability Case in a Chapter 11 Plan

Aug 2015
523, 1141 8002
Plan Confirmation, Business Reorganization, Lender Liability

Jury Waivers in Pre-Petition Documents as Binding on a Trustee in Avoidance Actions

Apr 2015
544, 548
Fraudulent Transfers, Practice and Procedure, Preferences, Commercial Fraud, Lender Liability, Small Business, Unsecured Trade Creditors

ResCap Liquidating Trust Can Proceed Against Several Mortgage Loan Originators

Apr 2015
7012
Claims, Bankruptcy Litigation, Practice and Procedure, Finance and Banking, Investment Banking, Lender Liability, Turnaround Issues

Indemnity Claims in Leveraged-Lease Transactions

Apr 2015
Bankruptcy Litigation, Lender Liability

Benchnotes March 2015

Mar 2015
327, 330, 363, 522, 523, 727, 1112, 1141 548, 9019, 9028, valuation
Administrative Expense Claims, Fraud, Fraudulent Transfers, Plan Confirmation, Practice and Procedure, Preferences, Professional Compensation/Fees, Consumer Bankruptcy, Consumer Debt, Discharge/Dischargeability, Family/Divorce Issues, Mortgage, Insurance, Lender Liability, Real Estate

Silence Is Golden Rose and Its Focus on Real Property Surrendered in Chapter 13

Jan 2015
105, 1325 1322, 2015
Consumer Bankruptcy, Mortgage, Lender Liability, Real Estate