Joyce Kabuya

A secured lender’s position often appears unassailable on paper. It holds collateral, controls the credit agreement, and retains the power to declare default. When a borrower falls into distress, the instinct on both sides of the table is to treat the lender as the party with all the leverage. That instinct, however, is incomplete. The doctrine of lender liability exists precisely because a lender’s contractual rights—no matter how broad—do not authorize every action a lender might wish to take. When a lender overreaches, it creates exposure. And that exposure, in turn, becomes a source of leverage for borrowers, debtors, trustees, and the counsel who represent them.

A secured lender’s position often appears unassailable on paper. It holds collateral, controls the credit agreement, and retains the power to declare default. When a borrower falls into distress, the instinct on both sides of the table is to treat the lender as the party with all the leverage. That instinct, however, is incomplete. The doctrine of lender liability exists precisely because a lender’s contractual rights—no matter how broad—do not authorize every action a lender might wish to take. When a lender overreaches, it creates exposure. And that exposure, in turn, becomes a source of leverage for borrowers, debtors, trustees, and the counsel who represent them.

Navigating the 2026 Georgia Legal Landscape: Best Practices for Practitioners 2 Minute Read The Georgia legal market in March 2026 is defined by a “double transition”: the shift to the biennial CLE cycle and the aggressive implementation of the state’s second round of tort reforms. For practitioners, staying competitive now requires moving beyond traditional advocacy

Pre v. Post Petition fees 2 Minute Read For Georgia bankruptcy attorneys, how fees are structured can determine whether compensation is collectible—or subject to disgorgement. The distinction between pre-petition and post-petition fees is not academic; it directly affects enforceability, disclosure, and ethical compliance.   Pre-Petition Fees   Pre-petition fees cover all work performed before the

A common question people ask is whether they can wipe out income tax debt by filing bankruptcy. The answer, naturally, is that it depends. To better understand what may be dischargeable in bankruptcy, it is essential to examine what is not dischargeable in bankruptcy.