Regulatory Update

Private Asset Management

April 2016

Lenders must exercise considerable caution when seeking recovery when a debt becomes due. Borrower-initiated lawsuits are frequent because once in default, a debtor has nothing to lose and everything to gain. The mere threat of expensive and protracted litigation – or worse, a debtor’s success – can increase leverage in forbearance negotiations or even achieve cancellation of debt altogether.

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Disclaimer

Craig Weiner

Partner

Chair, New York Commercial and Financial Litigation Group

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