Senior Lender Considerations in Respect of Representation and Warranty...
This article addresses the benefits to a senior secured lender of Representations and Warranties Insurance, and certain considerations financial institutions should make in documenting a middle market...
View ArticleDefaulted Securities: The Guide for Trustees and Bondholders
Chapman’s "Defaulted Securities: The Guide for Trustees and Bondholders" advances understanding and consideration of issues related to trustees and bondholders in both corporate and municipal...
View ArticleDesignated Survivor: Ninth Circuit Rejects Designation of Secured Creditor’s...
The United States Court of Appeals for the Ninth Circuit issued a decision reversing a lower court’s order that designated the vote of a secured bank creditor that had purchased claims from a subset...
View ArticleBorrower Disclosures Now Required for Commercial Loans Made in California
On September 30, the Governor of California signed into law Senate Bill No. 1235, which amends the California Financing Law (previously known as the Finance Lenders Law) to impose new disclosure...
View ArticleA Lease by Any Other Name Would Not Smell as Sweet: Fifth Circuit Denies...
The U.S. Court of Appeals for the Fifth Circuit recently affirmed decisions of a Bankruptcy Court and District Court recharacterizing an alleged lease to a disguised financing arrangement. The Court...
View ArticleSeventh Circuit Holds That the Illinois Department of Revenue Must Present...
In two recent cases, the Court of Appeals for the Seventh Circuit held that the Illinois Department of Revenue could not collect delinquent retail and sales taxes from the proceeds of assets sold...
View ArticleNew Proposed Regulations Take the Bite out of Section 956 Deemed Dividends...
New treasury regulations proposed by the Internal Revenue Service on October 31 significantly diminish the sting of Section 956 for many US corporations that own stock in non-US corporations that have...
View ArticleDelaware District Court Supports Secured Creditor Gift Plans
A recent decision of the United States District Court for the District of Delaware has provided further support within the Third Circuit for so-called “gift” plans (i.e., plans in which a secured...
View ArticleThe Regulation of Marketplace Lending: A Summary of the Principal Issues
The 2019 update of Chapman's book, "The Regulation of Marketplace Lending: A Summary of the Principal Issues," addresses the latest true lender developments, the OCC charter for fintech companies,...
View ArticleSEC Proposes New Rules to Update Statistical Disclosures for Banking Registrants
On September 17, the SEC announced proposed rules to update the statistical disclosures that bank and savings and loan registrants provide to investors and eliminate disclosures that overlap with...
View ArticleVigilant Monitoring Can Provide Long-Term Protection Against Bankrupt Customers
This article in Business Credit magazine discusses best practices that unsecured creditors consider in determining early-on whether or not a customer is in financial distress, assessing the...
View ArticleAlthough Not a Game Changer, Sun Capital Court Reverses Lower Court Regarding...
On November 22, in a fact-specific ruling, the U.S. Court of Appeals for the First Circuit held that two separate, but related Sun Capital Partners Inc. private equity investment funds were not liable...
View ArticleFederal Reserve Announces Extensive New Measures to Support the Economy
This morning, the Board of Governors of the Federal Reserve System announced sweeping actions to help the economy.
View ArticleFederal Reserve Amends Pricing, Adds Municipal Issuers, and Makes Other...
On March 23, the Federal Reserve added municipal issuers and amended the pricing for the commercial paper funding facility announced on March 17 and issued other “program terms and conditions” posted...
View ArticleFederal Reserve Amends Money Market Fund Liquidity Facility to Include...
On March 23, the Federal Reserve issued further amendments to add negotiable certificates of deposit and all short-term municipal securities to the list of eligible collateral.
View ArticleLender Considerations with Respect to Existing Middle Market Credit...
While many questions and uncertainties exist with respect to the impact of COVID-19 on the economy, this is an overview of the prominent issues for lenders to consider regarding existing middle market...
View ArticleThe CARES Act – Notable Provisions for Health Care Businesses
The Coronavirus Aid, Relief, and Economic Security Act, a bill designed to provide financial support and resources to individuals and businesses affected by COVID-19 pandemic, was signed into law on...
View ArticleNew Financial Support Programs for Businesses, States, and Municipalities in...
This Client Alert focuses on some major programs established by the Coronavirus Aid, Relief, and Economic Security Act to financially support, through loans or grants, (1) small businesses, (2) larger...
View ArticleSmall Business Administration: The Paycheck Protection Program under the...
The cornerstone of the CARES Act’s relief package for small businesses is the Paycheck Protection Program, under which the Small Business Administration will guarantee up to $349 billion in small...
View ArticleSmall Business Administration: The Paycheck Protection Program under the...
This client alert has been updated from our March 31, 2020 client alert to reflect guidance from the U.S. Treasury Department and the Small Business Administration.
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