At long last (at least for those of us who have been checking the Federal Register daily), the proposed HVADC rule has been published in the Federal Register and is open for comment. The public (that’s us!) has 60 days to comment – so all comments are due by December 26, 2017 (Ho ho ho!).
Yakety Yak – Talk Back: Regulators Respond to HVCRE Complaints
On September 27, 2017, the Federal Reserve, FDIC and OCC released a Notice of Proposed Rulemaking (NPR) that they describe as simplifying compliance with certain aspects of the agencies’ risk based capital (RBC) rules to, among other things, replace the standardized approach’s (SA) treatment of HVCRE loans with a simpler treatment for most acquisition, development or construction (ADC) loans called high volatility acquisition, development or construction (HVADC). Spoiler alert: it just replaces vague and confusing rules with a slightly different set of vague and confusing rules.
Continue Reading Yakety Yak – Talk Back: Regulators Respond to HVCRE Complaints
HVCRE: Busting Myths
The Trump administration and Congress have lots on the agenda: tax reform, financial regulation reform, job creation (think infrastructure spending, maybe?) and more. While it seems unlikely that much of anything “real” is going to happen anytime soon or even this year (other than more drama, more tweets and more Trump-isms), there’s some hope for a fix for the many failings of the High Volatility Commercial Real Estate (HVCRE) Rule.
Continue Reading HVCRE: Busting Myths
Substantive Consolidation: It’s Alive and Well (or Maybe Just Alive)
The doctrine of substantive consolidation (generally- the power of a bankruptcy court to consolidate the assets and liabilities of affiliated entities in bankruptcy) is a recognized remedy exercised by bankruptcy courts – one that strikes fear into the hearts of many lenders. Justifiably so. The doctrine can be employed to order the substantive consolidation of related-debtor entities in bankruptcy and it can also be employed to substantively consolidate the assets of a debtor in bankruptcy with those of a related entity that is not a debtor in bankruptcy. Picture this: A parent entity files for bankruptcy and all the goodies are in a series of subsidiaries and the companies have never respected corporate niceties. The bankruptcy court presiding over the bankruptcy of the debtor-parent entity orders that the non-bankrupt SPE borrower will be dragged into bankruptcy and its assets used to satisfy the creditors of both the SPE borrower and the parent. Ta da.
Continue Reading Substantive Consolidation: It’s Alive and Well (or Maybe Just Alive)
What’s To Be Done about a Rule That Doesn’t Work?
Adding to the mountain of uncertainty for 2017 is how to interpret and implement (and…what is the fate of) the HVCRE (High Volatility Commercial Real Estate) regulations that came into effect January 1, 2015 (yup…that’s right…2 years and still no clarity) and which were implemented as part of the Basel III regulatory framework. So what
CREFC June 2014 Conference Recap
Last week, over 800 industry insiders made their way through a rain soaked Manhattan and attended CREFC’s June 2014 Conference at the Marriott Marquis Hotel in New York City.
Continue Reading CREFC June 2014 Conference Recap
2014 CREFC High Yield Distressed Debt Summit
Earlier this month, I and a few of my colleagues here at Dechert attended CREFC’s 2014 High Yield Distressed Realty Assets Summit. The general sentiment of optimism and exuberance for 2014 felt in Miami was not as palpable at the NY Athletic Club, although this may have been brought on more by the fact that this is a distressed debt conference, rather than anything having to do with the market.
Continue Reading 2014 CREFC High Yield Distressed Debt Summit
2014 CREFC Conference
It’s January and with that brings New Year’s resolutions, the NFL playoffs, college football bowl games (although the best game this season was watching Auburn beat Alabama with a 109 yard field goal return), and, of course, the annual CREFC conference in South Beach. This year’s line-up doesn’t disappoint, with panels titled "Best Investment Ideas: High Yield, Investment Grade, Direct Property", "Balance Sheet Lenders: Buy and Hope?", "Choosing a Lender: Just Hooking Up or A Long Term Commitment?", and "Capital Market Lenders: Buy or Goodbye?".Continue Reading 2014 CREFC Conference
What’s in a Name?: A Private Sale by a Receiver May Amount to a Foreclosure Sale under Nevada State Law
If the Nevada Supreme Court affirms a lower court’s ruling that a private sale of real property by a receiver constitutes a foreclosure sale, the lending industry (e.g., lenders, special servicers and maybe borrowers) will lose the ability to seek deficiency judgments in Nevada unless the parties comply with state statutory foreclosure requirements.Continue Reading What’s in a Name?: A Private Sale by a Receiver May Amount to a Foreclosure Sale under Nevada State Law
Brief Summary of Key UCC Article 9 Amendments Effective July 1, 2013
Typically, from deal to deal, I don’t (and can’t imagine many of my colleagues do) get too worked up about Article 9 of the UCC…I know what it says, I know what to do, especially when it comes to creating and perfecting creditors’ security interests in collateral. But this year, I have reason to pause, as the 2010 Amendments to UCC Article 9, which have been adopted by more than 40 states (but not NY (and some others)—as of yet) went into effect on July 1, 2013.Continue Reading Brief Summary of Key UCC Article 9 Amendments Effective July 1, 2013