Banking and Finance

 

Words in a Contract Matter

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

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

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

By J. Aaron Bennett

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

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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Be Careful in How You Transfer Property to Minors

By Kenneth M. Greene

North Carolina has adopted the Uniform Transfers to Minors Act, N.C.G.S. §33A-1 et seq. Careful attention to its details in transferring property to a minor is required in order to avoid unnecessary legal expense or litigation over such a transfer. That is the take away from the recent case of Northen Blue, LLC, Chapter 7 Trustee v. Linda Lee Novara, adversary proceeding number 15-09005 decided November 2, 2015 by the United States Bankruptcy Court for the Middle District of North Carolina. Th ...
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When Does a Commercial Lender Have a Fiduciary Relationship to Its Borrower?

By Kenneth M. Greene

The North Carolina Court of Appeals is not required to publish an opinion in each of its decisions.  The appellate rules state that the reasons for that are to minimize the cost of publication and of providing storage space for published reports (each of which seems like an anachronism in an electronic era where everything is stored in the cloud).  If the panel that hears the case determines that the appeal involves no new legal principles and the opinion, if published, would have no precedent ...
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For media inquiries, please contact: Erin Molinaro | ekm@crlaw.com