News Archive

Posted: June 7, 2017
On June 8, 2017 the United States House of Representatives passed H.R.
Posted: May 30, 2017
Posted: May 15, 2017
In Carmel Financial Corporation, Inc. v. Castro, 2016 WL 7478048 (Tex. App. -- Houston [14th Dist.] December 29, 2016), the court of appeals held that a company’s fixture filing did not independently create a lien on the real property on which the fixture was located. In April 2008, Carmel Financial Corporation (“Carmel”) financed the purchase and installation of a water treatment system.  Carmel perfected its security interest in the water treatment system by filing a fixture filing which described only the water treatment system.
Posted: May 15, 2017
In Banco Popular, North America v. Kanning, 638 Fed.Appx. 328 (5th Cir. 2016), the court of appeals held that a debtor’s assignment of his life insurance policy to a lender was enforceable and that the lender’s lien was not extinguished by the declaration of bankruptcy by the named beneficiary of the policy. On December 3, 2007, Banco Popular, North America (“Banco”) made a loan to BEMK, Inc.
Posted: May 15, 2017
Nw. Bus. Fin., LLC v. Able Contractor, Inc., 383 P.3d 1074 (Wash. App. 2016).
Posted: May 15, 2017
Huffman v. Gollersrud (In re Westby), 2017 Bankr. LEXIS 423 (Bankr. D. Ore. 2017).
Posted: May 15, 2017
Gault v. Sass Electric, Inc., 2016 WL 5539872 (Cal. Ct. App. 2016).
Posted: May 15, 2017
Lesa, LLC v. Family Trust of Kimberley and Alfred Mandel, 2016 WL 6599912 (N.D. Cal. 2016)
Posted: May 12, 2017
Private Sale of Partnership Interests Violated UCC
Posted: April 24, 2017
Posted: March 8, 2017
Posted: March 4, 2017
Please join us at the ACIC's 2017 Spring Investment Forum on April 27-28 at the Four Seasons Hotel in Chicago, Illinois.
Posted: February 28, 2017
NJK Holding Corp. v. Araz Group, Inc., 878 N.W.2d 515 (Minn. Ct. App. 2016)The Minnesota Court of Appeals (“Appellate Court”)‑held that under Minnesota law, a promise to forgive debt is a credit agreement and must be in writing in order to be enforceable. 
Posted: February 28, 2017
Opportunity Finance, LLC, v. Kelley, 822 F.3d 451 (8th Cir. 2016)
Posted: February 28, 2017
             Second Circuit Court of Appeals Reminds Lenders that Less Can Be More When Drafting Collateral Descriptions in UCC Financing Statements – Ring v. First Niagara Bank, N.A. (In re Sterling United, Inc.), 2016 WL 7436608 (2d Cir. 2016). 
Posted: February 28, 2017
            Southern District of New York Orders Priority of Payment for Interest on Subordinated Lenders’ Claim – U.S. Bank Nat’l Ass’n v. T.D. Bank, 2017 U.S. Dist. LEXIS 14954 (S.D.N.Y. Jan. 27, 2017).            On January 27, 2017, the Southern District of New York issued a ruling based on its reading of an intercreditor agreement that resulted in the unusual result of a subordinated creditor receiving payment of post-petition interest on its claim prior to the payment of principal on a senior creditor’s claim.
Posted: February 24, 2017
3155 Development Way, LLC v. APM Rental Properties, LLC, 52 N.E. 3d 854 (Ind. Ct. App. 2016)The Indiana Court of Appeals (“Appellate Court”)‑held that (i)‑lack of public access hidden by a seller’s attempt to induce buyers with false claims about the property’s easy access to public roads provided justification for rescission of a sales contract and an award of damages and (ii)‑the making payments to an escrow account pending resolution of the access issue did not constitute a breach of contract.
Posted: February 24, 2017
Second Circuit Court of Appeals Lifts Cloud of Uncertainty over Bond Restructurings – Marblegate Asset Mgmt., LLC v. Educ. Mgmt. Fin. Corp., 15-2141-cv(CON) (2d Cir. 2017); Marblegate Asset Mgmt. v. Educ. Mgmt. Corp., 111 F. Supp.3d 542 (S.D.N.Y. 2015) (“Marblegate II”); Marblegate Asset Mgmt. v. Educ. Mgmt. Corp., 75 F. Supp.3d 592 (S.D.N.Y. 2014) (“Marblegate I”).
Posted: February 24, 2017
Companies Are Using Covenants to Restructure Their Capital Structure and Prime Existing Debt — What Lenders and Debt Investors Need to Know
Posted: February 22, 2017
Jeemin Chung is a Senior Counsel in the Investments Division of Thrivent Financial. She advises Thrivent’s Private Investments Group with respect to private placement transactions and private fund investments. Prior to Thrivent, she was a corporate associate at Fredrikson & Byron, P.A. in Minneapolis, Minnesota, and Simpson Thacher & Bartlett LLP in New York, New York, where her practice focused on private funds and investment management. Jeemin received her B.A. from Cornell University and a J.D. from University of Michigan Law School. 
Posted: February 21, 2017
Posted: February 15, 2017
Posted: January 5, 2017
Bank of Montreal v Javed, 2016 ONCA 49 – Ontario Court of Appeal Found That The Test for Unconscionability Was Not Modified by Bhasin v Hrynew General Principle of Good Faith
Posted: January 5, 2017
I. Introduction
Posted: January 5, 2017
German Recovery and Resolution ActI. Introduction

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