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Category Archives: Uncategorized

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SCOTUS to Settle Chapter 7 Lien-Stripping Circuit Split

Posted in Circuit Split, mortgage, SCOTUS, Uncategorized
On November 17, the Supreme Court granted certiorari in the consolidated cases of Bank of America v. Caulkett (Dkt. 13-1421) and Bank of America v. Toledo-Cardona (Dkt. 14-163).  At issue in these appeals is whether the Bankruptcy Code permits Chapter 7 debtors to “strip-off” wholly out-of-the-money junior mortgages using Section 506(d).  This appeal sets out to… Continue Reading

Protecting the Lender: Strategies for Extending Credit to Health Care Providers

Posted in Accounts Receivable, Collateral, Healthcare, Uncategorized, Workouts
Contrary to popular belief, lending to a doctor is risky business. The business of a health care provider is specialized and, therefore requires specialized lending. Lenders cannot simply repackage loan documents used for other industries, and having a lien on receivables may not alleviate the risk. Lenders must accurately value the collateral and to do… Continue Reading