Commercial Loan Expert in Collateral Stock

Case Description:

A commercial loan expert in collateral stock was needed to respond to a breach of contract action. The plaintiff, an international bank, made a commercial loan collateralized with negotiable stock to a company chaired by the defendant. When the defendant’s company went bankrupt, plaintiff sued to recover the loan proceeds, which had been personally guaranteed by the defendant. Defendant countered that plaintiff had ignored instructions to liquidate the collateral stock when its value began to decline.

IMS was asked to locate commercial lending experts with experience in the area of loan collateral, specifically where the collateral was negotiable stock. The expert was needed to opine on the fiduciary duty of a bank to preserve value of negotiable stock used to collateralize a commercial loan.

Experts Presented:

  • Commercial Lending Expert

    This commercial loan expert has over 32 years of commercial lending experience ranging from large syndicated financings with Fortune 500 companies to privately owned businesses. He has significant experience in private equity related transactions, asset based lending arrangements, and other forms of secured lending. As a commercial lender, this expert has taken stock as collateral many times and has had to make collateral liquidation decisions to preserve loan value. He’s been deposed as a commercial lending expert witness. IMS Reference #5016647

  • Commercial Lending Expert

    This expert in commercial banking processes has more than 35 years of commercial banking and investment banking experience. He is president of a firm specializing in large commercial loan transactions that entail securitization supported by real estate and other marketable securities. Previously, as senior Commercial Lending Officer at an international bank, his commercial lending experience in syndicated and single obligor situations aggregated over $2 Billion. He regularly concluded loan dealings that entailed providing working capital, term and bridging loans against marketable securities. IMS Reference #5016507

  • Commercial Finance Expert

    This commercial finance expert has over 35 years of banking experience, 29 of them holding senior positions in credit policy, lending, sovereign debt restructuring and workouts at a major international bank. He has substantial experience with loans and other credits secured by a variety of collateral, including approximately 10 years in asset based finance. This expert has worked on matters where assets pledged to secure bank credit included collateral stock that subsequently had to be liquidated due to a decline in the market value of the collateral. He’s been deposed several times as an expert witness. IMS Reference #4993779

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