Equitable Subordination Attacks on Secured Lenders
February 25, 2011
This article discuss two recent cases involving equitable subordination in bankruptcy that should inform the conduct of lenders when dealing with financially deteriorating borrowers, especially in such matters as credit facility amendments, forbearance agreements and providing additional financing.
Leasing Wind Power Facilities: A New Reality
February 25, 2011
Leasing has appeared on the national stage as a potentially viable, though complex, type of financing for wind energy facilities, with its successful use in two large utility scale projects and one community wind project.
The ABA Consumer Protection Conference
February 25, 2011
On Feb. 3 the American Bar Association held its Consumer Protection Law Conference, sponsored by the Section of Antitrust Law. Why should franchise systems' ears prick up? For starters, savvy franchisors should understand the larger consumer protection context in which their principal federal regulator operates — especially when most of the top decision-makers show up.
Hotel Franchises Face Rising Bed Bugs Claims
February 25, 2011
For lodging industry franchises, bed bugs are a business challenge and a potential source of litigation.
VA Bankruptcy Court Rules on New Value Defense and ' 503(B)(9) Claim
February 25, 2011
A recent decision issued by the Bankruptcy Court for the Eastern District of Virginia further calls into question the availability of a new value defense in a preference action when the amount claimed by the creditor to constitute new value represents an administrative claim under ' 503(b)(9)...
Bankruptcy Auctions
February 25, 2011
This article highlights the tension courts face between recognizing the finality of a sale and reopening a sale process if potentially greater value for the creditors exists.
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