The Small Business Administration’s (“SBA”) Standard Operating Procedures (“SOP”) require lenders collateralize 7(a) loans greater than $350,000 to the maximum extent possible up to the loan amount. See SOP 50…
Lenders financing the acquisition of real property or leasehold improvements should consider obtaining a Subordination, Non-disturbance, and Attornment Agreement (“SNDA”) when third party tenants lease a portion of the subject…
New federal bankruptcy forms become effective today regarding proofs of claim. These new forms provide templates for the notice required once an objection to a proof of claim is filed. …
One of the most important bankruptcy concepts that a lender needs to understand is so-called “cash collateral.” The term cash collateral has a specific meaning in bankruptcy and there are…
When a commercial loan goes into default, it is not uncommon for the borrower or guarantor (or both!) to enter bankruptcy. A bankruptcy filing by the borrower or guarantor has…