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Best Practices: The Burden of Proving Your Guaranty Purchase Case

In the American criminal justice system, defendants are afforded a presumption of innocence which is derived from the fifth and fourteenth amendments to the Constitution. This standard, which has been…
  • October 31, 2018
  • Ethan W. Smith

Best Practices: The Survey Exception

The U.S. Small Business Administration (“SBA”) National 7(a) Authorization Boilerplate Version 2018 (“Boilerplate”) indicates SBA lenders must obtain a lien on 100% of the interest in the Borrower’s collateral and…
  • October 24, 2018
  • Kristen Dickey

Best Practices: Proposed Rule Change: Permissible Fees

On September 28th, the SBA issued proposed rule RIN: 3245-AG74 (“Proposed Rule”) which proposes several changes to SBA’s current regulations. One such change would affect the type and amount of…
  • October 18, 2018
  • Starfield & Smith

Best Practices: Enforcing Assignments of Leases and Rents in Bankruptcy Proceedings

As part of most institutions’ prudent lending practices, due diligence processes, and SBA program requirements, lenders obtain executed assignments of leases and rents from their borrowers. These agreements entitle lenders…
  • October 10, 2018
  • Demetri A. Braynin

Best Practices: Proposed Rule: Potential Reinstatement of the Personal Resource Test

On September 28, 2018, SBA issued proposed rule RIN: 3245-AG74 (“Proposed Rule”), which proposes changes to several aspects of SBA’s current regulations. Lenders have 60 days, or until November 28,…
  • October 3, 2018
  • Jessica L. Conn

Best Practices: Getting to Know SBA’s Updated Form 159

On September 14, 2018, SBA issued Information Notice 5000-18012 announcing an updated SBA Form 159 “Fee Disclosure and Compensation Agreement”. The majority of the revisions were designed to promote transparency…
  • September 26, 2018
  • Ethan W. Smith
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