Articles in this issue include:
- Gifting
- TOUSA Overturned; District Court Rejects Narrow Definition of 'Equivalent Value'; Rejects Finding of Lenders' Bad Faith
- Still in the Minority, 9th Circuit BAP Holds that Creditors May Seek Adequate Protection Retroactively
- Replacement Lien in Rents in Favor of Secured Creditor is Not Adequate Protection Where the Debtor Has No Equity Cushion
- Creditor/Debtor Agreement on Loan Payoff Can Result in 'Impaired Accepting Class' Where There is No Provision for Interest
- Contractual Representations and Warranties Provide Justifiable Reliance in Fraud Action
- Lender Justifiably Relied on Contractor's Representations and Warranties, Thereby Maintaining First Priority Lien
- Original Lender Sues Refinance Lender for Failure To Pay Off Original Loan, Despite Lack of a Contract To Do So
- Creditor of Insolvent Delaware LLC is Not Entitled to Derivative Standing
Download the .PDF to learn more!