Commercial Loan Guaranty Agreements - Strafford

More documents

Recommendations

Info

II. Enforcement and Defense of Guaranties • Change in Creditor • Lack of Notice of Foreclosure Sale • Failure to Conduct Commercially Reasonable Foreclosure Sale • Release of Co-guarantors • Negligent Loan Administration • Failure to Pursue the Underlying Debtor • Defense on the Underlying Debt • Bankruptcy Issues (ex. automatic stay and fraudulent conveyances) 3434
III. Bankruptcy Issues • Springing (“Bad Boy”) Guaranties Generally Enforced By Bankruptcy Court • (See In re Extended Stay Inc., 418 B.R. 49 (Bankr. S.D.N.Y. 2009) aff’d in part by In re Extended d Stay Inc., 435 B.R. 139 (S.D.N.Y. 2010)) • Bankruptcy Courts Will Typically Abstain from Hearing Springing Guaranty Actions Removed From State Court • Guarantors Must Have Waived Any Indemnity or Contribution Claims Against the Debtor • Potential for State Court Guaranty Action to be Stayed Under §105 of Bankruptcy if Guarantor is “Integral” to Debtor Case and Action Would Significantly Limit Guarantor’s Participation In Bankruptcy 3535
Page 1 and 2: Presenting a live 90‐minute webin
Page 3 and 4: Continuing Education Credits FOR LI
Page 5 and 6: Commercial Loan Guaranty Agreements
Page 7 and 8: Presenters Anthony J. Jacob, Partne
Page 9 and 10: Outline I II. III. Bankruptcy Issue
Page 11 and 12: I. Overview of General Types of Gua
Page 23 and 24: II. Enforcement and Defense of Guar
Page 33: II. Enforcement and Defense of Guar
Page 37 and 38: III. Bankruptcy Issues • Inquiry

Commercial Loan Guaranty Agreements - Strafford

Create successful ePaper yourself

Delete template?

Save as template?