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You Know About <i>Fisker</i>
TRUE or FALSE: Lienholder buys a distressed loan from original lender. Lienholder acts appropriately and reasonably at all times and lien is valid and perfected. Lienholder has an increased risk of having its credit bid limited or capped because of In re Fisker Automotive Holdings, Inc., 2014 WL 210593 (Bankr. D.Del. Jan. 17, 2014).
FALSE. Much has been written about Fisker's potential impact on credit bidding, including warnings of the sky falling. Fisker stands for something less dramatic, and already well known, to debt purchasers. Simply stated, the sky is not falling. And, in the midst of all the noise, Fisker's import has been exaggerated, as it really covers no new ground.
Footnote 14 Survives RadLAX in the Third Circuit
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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The Stranger to the Deed Rule
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