The holiday season is behind us, but one of my favorite songs still resonates: "It’s that time of year, when the . . . ." Holiday season. Fireplace. Home. But it’s back to work, where . . . after being back at the law firm for several weeks, clearly we’re at "that time" of… Continue Reading
Tag Archives: Guaranty
Collection Plate: Litigation Against Guarantors or Indemnitors Points to Lessons Learned – Tips on Underwriting & Loan Document Terms
Posted in Guaranty Issues, Remedies, Tough Times for Lenders(More on the Collection Plate collection, which focuses on the recovery side of our work – the bottom line, nitty-gritty, work of getting "back" the money.) Our economic eddy is at the stage where law suits against guarantors or indemnitors, on full payment and performance agreements or on "bad-boy" agreements, are reaching final judgment –… Continue Reading
Maximizing Recovery with Guaranties & Credit Enhancements–Seminar, November 5
Posted in Guaranty Issues, Tough Times for LendersI know, I know: This is a real tease if you’re NOT located in the Dallas/Fort Worth area. But, please be patient. Help is on the way (Sorry, bad memories there). If you are unable to attend this seminar, we’re planning a webinar series for 2010. If this topic is as "hot" as we think it… Continue Reading
Owner and Holder Issues – Various Sources of Repayment
Posted in Remedies, Tough Times for Lenders, Workout IssuesPromissory Note Historically the owner and holder of negotiable instruments, bearer instruments, etc. have been very important in contractual financial relationships. However, promissory notes contain repayment obligations of the maker that may be contractually limited. Confusion exists as to the legal necessity of "holder and owner" legal requirements. The new structured financial instruments have caused… Continue Reading