The United States Supreme Court recently resolved a circuit split in City of Chicago, Illinois v. Fulton, __ U.S. __, 141 S. Ct. 585 (2021) and determined that a creditor does not violate the automatic stay under section 362(a)(3) of the bankruptcy code if ...Read More

The Minnesota Court of Appeals recently decided a case involving a dispute between two financial institutions that may have important impacts on how to approach settlement negotiations with defaulting borrowers going forward. The lawsuit involved Student Loan Finance Corporation (“SLFC”) which was indebted to ...Read More

Late Wednesday, January 13th, the SBA announced that banks with $1 billion in assets or less can start making Third Round PPP loans Friday, January 15th. Banks above that threshold will be able to start Tuesday, January 19th. CDFI institutions and minority-owned institutions started ...Read More

A receivership is often labeled as the state court’s version of bankruptcy, though there are many differences between the two. The device of receivership is primarily a creditor’s remedy and is typically invoked in various circumstances including the collection of a money judgment, liquidation, ...Read More

As the economy enters into a recession and debtors’ assets are losing value, dwindling or disappearing, the doctrine of marshaling assets is appearing in more and more collection actions and appellate decisions.  The increased use of marshaling assets is also the result of land ...Read More

A seriously dishonest or desperate borrower, even if relatively rare, can be the cause of the biggest losses a lender may face. Many loans are extended on the assumption that the bank has sufficient collateral—whether real estate, equipment, receivables, or other property—to repay the ...Read More