A Lessee's Guide
At this time of year, CFOs are scrutinizing the available forms of funding to determine the most efficient way to satisfy their space, equipment and technology needs, and keep their organizations performing at their competitive best financially and operationally.
Enforcement of Article 9 Security Interests
The last few years have been witness to a huge uptick in the number of Article 9 debtors attacking the procedural and substantive aspects of the recovery and sale of collateral. This trend has generated some new and significant case law, and serves as a reminder to secured creditors of the importance of having a good working knowledge of the law regarding the enforcement of Article 9 security interests
Third-Party Litigation Funding in Bankruptcy Cases
Third-party litigation financing is a booming form of finance that seems like a natural fit for bankruptcy-related litigation initiated by Chapter 7 trustees, and official committees of unsecured creditors and debtors.
Second Circuit Revisits Mandatory Subordination Under Section 510(b)
For the third time in six years, the Second Circuit visited mandatory subordination of claims under Title 11 of the United States Code (the Bankruptcy Code. This article discusses the history of mandatory subordination and the current state of the law.
Physician, Heal Thyself
Saint Vincent Catholic Medical Centers of New York and its debtor-affiliates (collectively SVCMC) filed Chapter 11 cases in 2010 in the Southern District of New York. This article addresses some of the case's complexities.
Features
Ninth Circuit Amends Recent Decision
The U.S. Court of Appeals for the Ninth Circuit has issued an amended decision to retract <i>Du v. Allstate Ins. Co. et al.</i>, in which the court opined that, under California law, an insurer has a duty to promptly effectuate settlement when liability of its insured is reasonably clear, even absent a settlement demand by the claimant.
Key Insurance Coverage Considerations in the Wake of Superstorm Sandy
Businesses that have suffered losses because of Superstorm Sandy may have substantial financial protection through their insurance policies. This article provides the ABC's of maximizing coverage.
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