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What should a prudent lender be doing right now to “brace” itself for the coming financial uncertainty? Adopt a five-point “CAPER” strategy: Communicate, Analyze, Preserve, Execute, and Resolve.
Inflation has been running red hot in 2022. The Consumer Price Index (CPI) rose 0.4% in September on a seasonally-adjusted basis, which amounts to an 8.2% year-over-year increase since September 2021 before seasonal adjustment. See, https://bit.ly/3SkraQf (site last visited 10/17/22). The sharpest increases have been in the shelter, food, and medical care indexes. Id. The 4.9% decrease in the gasoline index provided welcome relief at the pump, but was not enough to offset the increases in the other indices. Id. At the same time, the Federal Reserve is doing its best to cool off the economy without pushing the country (and, the world) into recession — the mythical “soft landing.” In 2022, the Federal Reserve has already raised the federal funds rate five times for a total of 300 bps. See, https://nyfed.org/3EXm9dk (site last visited 10/17/22). The last three increases have been 75 bps each. Id. This comes after nearly two years of the Federal Funds Rate hovering around 0%. Id.
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By Michael L. Cook
When courts have made important exceptions in the past year, they have either added a gloss on the Judicial Code, corrected lawyers’ errors, filled in statutory gaps, or clarified the relevant statutory language.
By Jay Steinman and Karina Leiter
The steps outlined in this article offer a strategic guide for lenders, empowering them to navigate the complexities of loan workouts and enforcement actions with resilience and foresight.
By Francis J. Lawall and Brenden S. Dahrouge
The Third Circuit recently held in 'In re FTX Trading' that the plain text of Section 1104(c)(2) mandates the appointment of an examiner under the specified conditions set forth. As a result, the FTX decision will carry significant implications for large and medium-sized bankruptcy cases.
By Lawrence J. Kotler and Ryan Spengler
The Central District of California court held that a bankruptcy court’s administration of cannabis-related state court claims against a debtor’s estate is not a violation of the Controlled Substances Act.