In re Tousa highlights risks to lenders relying on after-acquired collateral and “savings clauses” in loan documents

The recent case of In re Tousa, Inc. (Official Committee of Unsecured Creditors of Tousa, Inc., v. Citicorp North America, Inc., Adv. Pro. No. 08-1435-JKO (Bankr. S.D. Fla., October 13, 2009)) has attracted considerable attention – and dread – in the banking and legal communities.

Filed under:
USA, Banking, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Interest, Liquidation, Subsidiary, Citigroup, Title 11 of the US Code, United States bankruptcy court
Authors:
William C. Holland , Eric E. Johnson
Location:
USA
Firm:
Bryan Cave Leighton Paisner (Bryan Cave)