Bryan Bates and Eric Anderson authored the article "Aftershocks Coming? Anticipating Borrower Defaults and Defenses When Stimulus Ends" featured in the March edition of The Secured Lender magazine.

The article examines both the current regulatory posture that is helping calm the financial waters as well as court interpretations of certain defenses raised by defaulting parties during the pandemic. A closer look is taken at force majeure, frustration of purpose, and impossibility of performance, as such issues have been considered by courts in three specific cases. The article also offers guidance for lenders going forward.

Read the full article here.