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Bankruptcy, Insolvency and Creditors’ Rights
Note-Buyer Beware: Credit Bidding After Fisker
Judge Gross approved a sale motion in the Fisker Automotive case in January that seems to dramatically curtail a secured creditor's ability to credit-bid in a Section 363 sale where the underlying debt instrument was...
The Two Most Important Kentucky Business Foreclosure Decisions...
...arise out of the same case. The cases are Thompson v. BB&T, 2008-CA-1217 (Ky. Ct. App., June 12, 2009) ("Thompson I") and Thompson v. BB&T, 2009-CA-1427 (Ky. Ct. App., Jan. 28, 2011) ("Thompson II").Both decisions...
Enforcing Troubled Business Debt In Kentucky
That troubled business credit in Kentucky is slowly but surely winding its way through your workout roadmap. Despite your generous extension, efforts to broker a refinancing have failed. Your borrower stops making payments. Your borrower...
Section 362(n): Powerful Lender Tool in Serial Small Business Bankruptcy
Assume that you are a lender attempting to foreclose on a relatively small commercial asset (i.e., a hotel or gas station) in a judicial foreclosure state (like Kentucky or Indiana). After fighting for months and...
Investors Can Enjoy Bank's Interest Rates Upon Sale
Buying and selling distressed debt is common today. When buying promissory notes, buyers (i.e., future holders) may overlook whether they can actually charge the interest rate(s) charged by the note seller after closing. This issue...