The Ninth Circuit Court of Appeals recently issued a decision that gives creditors a powerful tool in Chapter 11 bankruptcy cases going forward. read more
Creditors' Rights Client Alerts
Creditors' Rights Client Alerts
The Ninth Circuit Court of Appeals recently issued a decision that gives creditors a powerful tool in Chapter 11 bankruptcy cases going forward. read more
Creditors' Rights Client Alerts
The California Court of Appeal has once again confirmed that a "sham guaranty" defense will not bar a lender from enforcing a commercial guaranty of a real estate secured loan. read more
Creditors' Rights Client Alerts
In a significant ruling, the Ninth Circuit Bankruptcy Appellate Panel has clarified that when a bank's prepetition deed of trust expressly encompasses the right to payment of settlement proceeds for any reduction in the value of the debtor's real property, the bank's lien attaches to those proceeds following a bankruptcy filing. read more
This case follows a recent trend in which courts have been making it increasingly difficult for guarantors to successfully assert the sham guaranty defense. read more
The case provides a startling example of the drastic consequences of failing to carefully proofread loan documents. read more