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For Hawaiian Golf Project, it’s Aloha New Ownership, Aloha Old Debt

PBWT

In an adversary proceeding, the collective owners of the Makaha Valley Country Club , golf courses, surrounding undeveloped land, and other related assets (the “Owners”) avoided obligations undertaken in connection with a loan extension provided by Tianjin Dinghui Hongjun Equity Investment Partnership (the “Lenders”).

Debtor 65
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As Chapter 11 Bankruptcy Filings Surge, Here’s What Creditors Need to Know to Protect and Enforce Their Rights

Fraser

Because debtors require sufficient cash to operate their businesses and pay for the administrative expenses of the chapter 11 process, many seek interim court approval for financing (called “debor-in-possession” or “DIP” financing) and/or the use cash collateral that is subject to a secured creditor’s lien. Proof-of-Claim Bar Date.

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Unsecured And Secured Loans: What If A Company Can’t Repay?

Hudson Weir

To reduce the lender’s risk exposure, a secured business loan provides them with collateral – a company asset. Company assets could include anything from equipment and constructions to vehicles and intellectual property. In contrast, an unsecured loan provided by a lender does not involve a company asset’s usage as collateral.

Loans 52
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The Rights of a Prepetition Lien Holder Against Postpetition Proceeds from a Sale of Real Property

ABI

John’s University School of Law American Bankruptcy Institute Law Review Staff An unpaid secured lender with a prepetition mortgage does not have a right to receive payment of proceeds from a postpetition sale of real property. In 2017, Allegiance Bank loaned Burts Construction, Inc. Gabriel Eckstein St. the “Debtor”) $1.5

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Establishing Standing in a Foreclosure Proceeding

Jimerson Firm

In order to maintain a foreclosure action against a borrower, lenders must ensure they can establish “standing”. Standing is a fundamental requirement for a foreclosure, as lenders who desire to initiate a foreclosure proceeding are required to have standing. Second, lenders are required to have standing when suit is filed.

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When a Company Goes Into Administration or Liquidation Who Gets Paid First?

Hudson Weir

This company property can be anything from equipment and constructions to apparatus, vehicles, and intellectual property. This amount is then used to give unsecured lenders more chances to recoup a little of their outstanding capital. Secured creditors include leasing companies and banks.

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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

On December 1, the House of Representatives approved a resolution to repeal a Consumer Financial Protection Bureau (CFPB) rule that mandated banks to gather data on loan applications from women-owned, minority-owned, and small businesses to help lenders identify business development needs and opportunities. For more information, click here.