Creditors' Sidebar
Bankruptcy, Insolvency and Creditors’ Rights
Collateral Damage: More on Healthcare Receivables Under the ACA
In a previous post, I wrote about potential looming trouble for lenders that have healthcare receivables as collateral. @KHNews has a more in-depth article on the 30-90 day rule applied to insurers that provide ACA...
More CFPB Overreach?
The Dodd-Frank Act (DFA) established the Consumer Financial Protection Bureau (CFPB) to search out unfair, deceptive, and abusive acts injuring consumers. It authorized CFPB to set up its own administrative adjudication system, with its own...
Healthcare Accounts Receivable and Possible Looming Troubles?
Accounts receivable are often the most significant asset of a healthcare provider. As this @MorningEdition interview points out (Doctors' Offices Get Put on Hold Trying to Find Out Who's Insured), there could be a slowdown...
Welcome to the Neighborhood — Kentucky High Court to Determine Whether Lender is Obligated to Pay HOA Dues on Unimproved Property
The Supreme Court of Kentucky has granted discretionary review of a court of appeals ruling that a bank taking 51 subdivision lots by deed in lieu of foreclosure was not entitled to the developer's exemption...
Kentucky Court of Appeals: Seniors Rule!
The Kentucky Court of Appeals ruled last week that a junior mortgagee may not force a judicial sale free and clear of a senior mortagee's interest even when the senior mortgagee defaults in the underlying...
Bankruptcy Filings are Down
According to the American Bankruptcy Institute and Epiq Systems, Inc., total US bankruptcy filings are down 12% from the same time last year, with commercial bankruptcies down 24%. As the ABI Executive Director Samuel J...
Consideration?
At Creditors' Sidebar, from time to time we want to highlight how the "nuts and bolts" of originating a commercial transaction can have a significant impact in the future. Here is a great example posted...
Note-Buyer Beware: Credit Bidding After Fisker
Judge Gross approved a sale motion in the Fisker Automotive case in January that seems to dramatically curtail a secured creditor's ability to credit-bid in a Section 363 sale where the underlying debt instrument was...