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    A Debtor’s Allegedly False Financial Statement Doesn’t, At All, Excuse a Lack of Lender Diligence
    2017-01-09

    A decision rendered during the sometimes peaceful interlude between Christmas and New Year’s is worth reading, and heeding. Hurston v. Anzo (In re Hurston), Adv. Proc. No. 15-2026 (Bankr. N.D. Ga. Dec. 27, 2016) is a helpful reminder to anyone representing lenders or creditors which are hell-bent-for-leather to pursue a non-dischargeability claim against a debtor that submits a false written statement (e.g., a personal financial statement) to obtain credit.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave)
    Authors:
    Mark I. Duedall
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Lead bank – between a rock and a bankruptcy trustee
    2014-09-03

    The lead-participant relationship arising from a loan participation has become a fairly contentious one over the last two years as the interests of the two have diverged. For example, loan participants that may be in a troubled condition are never terribly anxious to hear that the lead bank has obtained a current appraisal of the primary collateral. Likewise, a strong loan participant my push a weak lead bank to take more decisive action regarding collecting the loan and possibly foreclosing on the collateral.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Bryan Cave Leighton Paisner (Bryan Cave), Collateral (finance)
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    ISDA Master Agreement: English court considers meaning of “Default Rate”
    2016-10-20

    The English High Court in Lehman Brothers International (Europe) (In Administration) [2016] EWHC 2417 (Ch), in one of a series of cases arising from the Lehman insolvency, has had to consider (among other issues) the meaning of “Default Rate” under the ISDA Master Agreement.

    Filed under:
    United Kingdom, Banking, Derivatives, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), International Swaps and Derivatives Association
    Authors:
    Ed Marlow
    Location:
    United Kingdom
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    TRuPS and involuntary bankruptcy
    2014-07-08

    One of the most dramatic tools a lender can use in the collection of a loan is the involuntary bankruptcy case.  It is dramatic because of the implications for both the debtor and the lender who files the case.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debtor, Tax deduction, Bank holding company, Tier 1 capital, United States bankruptcy court
    Authors:
    Jerry Blanchard
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Defending A Preference Action - Can You Setoff Post-Petition Amounts Owed by the Debtor Against Your Preference Liability?
    2016-09-21

    All bankruptcy lawyers (and most long-suffering trade creditors) know that creditors who receive payments from a debtor within the “preference period” – 90 days before a voluntary bankruptcy case was filed, or 1 year if the creditor is an “insider” of the debtor – are at risk of lawsuit to return those payments to the bankruptcy estate. Pre-petition claims the creditor hold are no automatic defense.

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Natalie Daghbandan
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Bank has no obligation to inform borrower of bank’s impending failure
    2013-10-25

    One of the ironic issues for failing banks has been the fact that banks that they have had to continue to deal with their borrowers and depositors in the ordinary course of business even though they are already in the queue for resolution by the FDIC. So for example, loans continue to get renewed and documents executed. What happens if you renew a loan shortly before the bank fails, do you have some sort of defense to enforcement of the loan when the successor bank or the FDIC makes demand on you?

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Surety, Debtor, Fraud, Fiduciary, Federal Deposit Insurance Corporation (USA)
    Authors:
    Jerry Blanchard
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Non-Final Finality: Does One Interlocutory Issue Resolved in a Bankruptcy Court Order Render All Issues Addressed in the Order Non-Appealable?
    2016-08-22

    As the Supreme Court recently reminded us in Bullard v. Blue Hills Bank, not all orders in bankruptcy cases are immediately appealable as a matter of right. Only those orders deemed sufficiently “final” may be appealed without leave under 28 U.S.C. § 158(a).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debtor, US Code, SCOTUS, United States bankruptcy court, Bankruptcy Appellate Panel, Tenth Circuit, Trustee
    Authors:
    Bryce A. Suzuki
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    FDIC files second D&O lawsuit in Florida
    2012-12-04

    Despite having more than its fair share of failed banks, Florida has not been a hotbed of D&O litigation. On November 9th, the FDIC filed only its second lawsuit against former directors of a failed banking institution. The defendants here are former directors of Century Bank, FSB (Sarasota, FL), which was placed into receivership in mid-November 2009.  A copy of the FDIC’s complaint is available here.

    Filed under:
    USA, Florida, Banking, Insolvency & Restructuring, Litigation, White Collar Crime, Bryan Cave Leighton Paisner (Bryan Cave), Negligence, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    You Get a Car! You Get a Car! Bankruptcy Court Gives Debtor a Car. Unsecured Creditors Get Nothing
    2016-08-05

    So, a ruling came out in June that we in The Bankruptcy Cave have been dying to blog about (and not just so we can use the blog title above). Forgive the delay – heavy workloads and summer vacations often preclude timely blog posts. But this one is a doozy, better late than never on this blog post.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debtor, Unsecured debt, United States bankruptcy court
    Authors:
    Mark I. Duedall
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    FDIC weighs in on director and officer removal of bank documents
    2012-03-19

    Following the failure of over 400 financial institutions since the beginning of 2008, the FDIC has clarified its expectations with respect to collection and retention of bank documents by directors and officers of troubled or failing financial institutions for the purpose of explaining or defending their conduct.

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Bryan Cave Leighton Paisner (Bryan Cave), Federal Deposit Insurance Corporation (USA)
    Authors:
    W. Bard Brockman
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)

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