Banking and Finance

On July 1, 2020 Governor Cooper signed into law the North Carolina Commercial Receivership Act (the “Act”), Session Law 2020-75, which creates a new Chapter 38A of the General Statutes.  The Act becomes effective January 1, 2021 and applies to receiverships commenced under the Act on or after that date. The Act creates a new statutory remedy for those persons that are eligible to be debtors under the Act and does not replace any other provisions of statutory law or principles of common law ...
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Borrowers and lenders alike may feel inclined to review loan documents only on two occasions: at closing and upon the occurrence of an event of default.  In today’s unprecedented times, there is a third very essential time to review documents relating to your credit or debt facilities: right now. In addition to payment defaults, loan facilities are packed full of covenants, conditions, representations, and warranties which, when business is good, may not warrant much consideration. But in ...
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Every contract generally implies a covenant of good faith and fair dealing in the course of it performance by each party. What if party’s reliance on the express words contained in a contract is not in good faith? Can that negate the express provisions of the agreement? Such was the issue in the recent case of Transit Funding Associates, LLC v. Capital One Equipment Finance Corp., 48 N.Y.S.3d 110, 2017 WL 754335, decided February 28, 2017 by the Appellate Division of the Supreme Court of the ...
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Tricks and Traps in Business Acquisitions (PDF) Carruthers & Roth tax attorney Keith Wood presented “Tricks and Traps in Business Acquisitions" at an event hosted by the Young Professionals of the Risk Management Association (RMA) Triad Chapter entitled "An Attorney's View of Do's and Don'ts in Commercial Lending” on April 12, 2016. ...
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Purchase and Sale Agreements: Managing Risks (PDF) Carruthers & Roth commercial real estate attorney Chris Vaughn presented “Purchase and Sale Agreements: Managing Risks" at an event hosted by the Young Professionals of the Risk Management Association (RMA) Triad Chapter entitled "An Attorney's View of Do's and Don'ts in Commercial Lending” on April 12, 2016. ...
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How Commercial Transactions Can Involve Estates and How to Deal With Claims (And Estate Administrators) When It Happens (PDF) Carruthers & Roth estate planning attorney Aaron Bennett  presented “How Commercial Transactions Can Involve Estates and How to Deal With Claims (And Estate Administrators) When It Happens" at an event hosted by the Young Professionals of the Risk Management Association (RMA) Triad Chapter entitled "An Attorney's View of Do's and Don'ts in Commercial Lending” ...
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Before You Begin Litigation (PDF) Carruthers & Roth litigators Pat Haywood and Mark York presented “Before You Begin Litigation" at an event hosted by the Young Professionals of the Risk Management Association (RMA) Triad Chapter entitled "An Attorney's View of Do's and Don'ts in Commercial Lending” on April 12, 2016.  ...
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