When a company files for bankruptcy, there is almost never enough money to satisfy everyone. Creditors of all types such as banks, landlords, lessors, vendors, and taxing authorities submit claims against the estate. Because resources are limited, the bankruptcy system must decide not only who gets paid, but in what […]
When a business files for bankruptcy, creditors expect to recover only a fraction of what they are owed. Yet the surprise for many creditors is not simply the loss of future payments, but the demand to return payments already received. These lawsuits, commonly called preference actions, are among the most […]
When a business or individual is experiencing financial distress, creditors often worry that assets may be moved out of reach before debts can be collected. Bankruptcy law provides tools to address this concern through the doctrine of fraudulent transfers. These laws are designed to ensure that assets are not hidden, […]
In an age when digital interactions dominate how businesses engage with clients, data privacy risks have moved to the forefront. Recent litigation trends show that insurers and financial services companies are now squarely in the cross-hairs of plaintiffs’ firms. The article “Data Privacy Litigation Trends Against Insurers and Financial Services […]
What to Know About Judicial Foreclosure, Creative Recovery Strategies, and Debt Collection Risks in Florida Florida offers robust opportunities for private lenders, but default scenarios are legally complex. A core concept is that Florida follows the lien theory of mortgages. The borrower holds title, the lender holds a lien, and […]
What You Need to Know About the “Big Beautiful Bill” and Emerging Opportunities in Graduate Lending With the passage of President Trump’s sweeping tax and spending package, the “Big Beautiful Bill,” the federal student loan system has entered a new era. While much public attention has focused on increased borrowing […]
Imagine making a loan to a business for its use as start-up capital. Loan documents are drafted, and to secure payment, you retain an option to purchase equity in the company. If the company doesn’t pay on time, you may have the option to take control of the company. The […]
Oftentimes, individuals or businesses borrow money from a bank or lender, and unfortunately, are unable to pay the loan payments. In this event, the borrower may try to shift the blame of their inability to pay on the bank or lender, by filing a claim for negligent loan processing or […]
Florida’s Construction Lien Law found in Chapter 713, Florida Statutes, may seem like an area of the law that is only relevant to contractors and property owners. However, there are important aspects of the Construction Lien Law that can directly affect the rights and obligations of lenders in numerous ways. […]
The SBA, through the Office of Credit Risk Management (“OCRM”), monitors and oversees the activities of all its lenders and CDCs to ensure it is effectively following loan program requirements and protecting the integrity of the SBA program. In the event an SBA lender or CDC demonstrates an unacceptable risk […]