ABA Section of Business Law
eSource
Nightmare on Main Street - What Keeps Lenders Up at Night?
- Lender liability and bankruptcy issues are of increasing interest to lenders in the current economic environment. This presentation addresses current lender concerns including (i) lender liability issues in the issuance of commitment letters, (ii) "traditional" lender liability claims - breach of commitment, fraud in the inducement, misrepresentation, lack of good faith and damage theories, (iii) intercreditor issues relating to DIP financing/cash collateral, asset sales, voting rights, and other matters, (iv) recharacterization or subordination of indebtedness, (v) cram down of secured debt under a plan of reorganization (value, modification of terms), and (vi) disallowance of prepayment premiums.
