Commercial Loan Guaranty Agreements - Strafford
Commercial Loan Guaranty Agreements - Strafford
Commercial Loan Guaranty Agreements - Strafford
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III.<br />
Bankruptcy Issues<br />
• Potential ti Fraudulent Conveyance Exposure<br />
• Most Risk for Upstream and Cross-Stream Guaranties<br />
• Intercorporate Guaranties Can Be Unwound In Bankruptcy<br />
Under:<br />
• Bankruptcy Code §548 (Guaranties Made Up to Two Years<br />
Before Filing), or<br />
• Under Bankruptcy Code §544 and the Uniform Fraudulent<br />
Transfer Act (UFTA) or the Uniform Fraudulent<br />
Conveyances Act (UFCA) (Typically, y Guaranties Made From<br />
Four to Six Years Before Filing)<br />
3636
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