Subjective Intent Does Not Save $1.5B Secured Claim Against GM
April 02, 2015
Sometimes, the simplest of errors can be the most costly. Such was the case with a large syndicated secured loan made to General Motors Co. Due to a simple filing error, what the lender and borrower had always intended to be a secured loan will now be treated as a general unsecured claim.
Leasing Strategies for the Semiconductor Industry
February 28, 2015
To begin, the semiconductor industry is, of course, enormous. The World Semiconductor Trade Statistics (WSTS) released its end-of-year market indicators, showing a solid growth of 9% to over US $333 billion in sales for 2014 over 2013, driven mainly by double-digit growth in the memory products category.
Average Lateness Methodology
February 28, 2015
Two recent decisions from the United States Bankruptcy Court for the Southern District of New York, affirmed the use of "average lateness" methodology to examine both the subjective and the objective components of the ordinary course of business defense to preference actions. This article explains the those decisions.
Cramdown Interest Rates in Chapter 11
February 28, 2015
Recently, the United States Bankruptcy Court for the Southern District of New York held, among other things, that debtors could cram down their plan of reorganization on their secured lenders under section 1129(b)(2)(A)(i) of the Bankruptcy Code by providing them with replacement notes paying a below-market interest rate using a formula approach to calculate the applicable interest rate. This article analysis this decision.
Why Social Media Should Not Be Ignored
January 31, 2015
At the annual Equipment Leasing and Finance Association's (ELFA) Convention this past October, the social media panel discussion was surprisingly well attended. Such interest was unexpected because there are many industry executives who still don't see the value of including social media in their business communications mix. But, they should not ignore it, and this article will explain why.
Intercreditor Agreements
January 31, 2015
This is the sixth (and final) article in a series covering various aspects of intercreditor agreements.
LinkedIn: Your To-Do List
January 31, 2015
"I'm a creature of routine," a successful law firm partner told the author. "If I only had a list of things to do on LinkedIn, I know I could get those tasks completed on a daily basis. I just don't know what to do." Here is a list of things to do.
More of the New Normal?
December 31, 2014
As a result of the decrease in spending during the Recession, there is considerable cash sitting on the sidelines. Yet every year, there has been uncertainty hovering over the markets, preventing prudent companies from opening the cash spigot. So how does it look for 2015?
