Lenders … Be Careful Out There!

As counsel to a lender, you must be well-versed in lender liability issues, including potential exposure based on claims arising under the Bankruptcy Code. Certain lender practices can decrease the risk of liability in a borrower debtor’s bankruptcy.

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Related Content

• Contract- and Tort-Based Lender Liability Claims
  Review this practice note for lender practices that potentially expose lenders to liability based on breach of contract and tort theories.

• Statutory-Based Lender Liability Claims
  See this practice note for lender practices that potentially expose lenders to liability based on certain statutes, including securities, environmental, labor and employment, and RICO statutes.

• Lender Liability Risk and Defense Issues
  Use this practice note to understand how to minimize the risk of lender liability claims and certain defenses to such claims.

• Representing the Lender in a Workout
  See this practice note for a discussion of issues that may arise when representing a lender in a business workout, including steps lenders should consider to avoid any potential lender liability issues.

• Excessive Control
  Review this practice note for a discussion of lender liability for excessive control.

Practical Guidance Updates

Featuring the latest updates from your Practical Guidance account.

• Individual Debtor Questionnaire
• Unilateral Confidentiality Agreement (Out-of-Court Restructuring, Pro-Discloser)
• The Practical Guidance Journal Summer 2021 Edition
• Document alerts allow you to stay current on legal developments that affect your practice. Find out how to set up your document alerts.

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