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A Second Example Of The Outright Sale/Secured Loan Dichotomy For Participations: The Minnesota Case

LexisNexis (March 20, 2017, 12:42 PM EDT) -- In our prior story about the very recent Iowa Supreme Court case, we saw the importance of the outright sale/secured loan dichotomy in litigation involving loan participations.  For a look at the importance of the dichotomy in another jurisdiction—Iowa's next-door neighbor—consider a Minnesota bankruptcy court decision which involves the following question: If Lender A makes a loan to Lender B secured by all of Lender B's assets, does the collateral include amounts owing by Lender B's borrowers on loans in which Lender B acts as lead...
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