Syndicated Loans: When Does A No Vote Count As Yes?

Posted on August 10, 2012 by BankruptcyRealEstateInsights

In re Rosewood at Providence, LLC, 470 B.R. 619 (Bankr. M.D. Ga. 2011) –

Can a syndicated lender control its own destiny in a bankruptcy?  According to Rosewood, the answer is no.  As background, the bankruptcy court explained that multi-lender loans can be structured as syndications – where multiple lenders each make loans to the borrower, but designate one lender to be agent for the others, or as participations – where only one lender has a relationship with the borrower.  In this case,  Branch Banking & Trust Company (BB&T) was a member of a syndicate of lenders that financed development of a condominium project. Continue reading →

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Welcome to www.Bankruptcy-RealEstate-Insights.com

Posted on August 3, 2012 by BankruptcyRealEstateInsights

Decisions coming out of bankruptcy courts can be all over the map, and sometimes results can seem counterintuitive or unfair. My goal for this blog is to give those not familiar with bankruptcy insights into how their issues might play out by using current cases as examples. I hope to become your guide to the mysteries of bankruptcy.

I welcome your comments and suggestions. Please feel free to e-mail me directly
at hardingv@pepperlaw.com.

Vicki R. Harding, Esq.

Posted in Bankruptcy Sales, Real Estate | 1 Comment