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on account of the asserted failure of substitution liens granted in Trade for the use of JPMorgan’s cash collateral to adequately safeguard JPMorgan in opposition to the diminution in worth of its collateral. The court’s final decision denying the superpriority declare highlights ways that JPMorgan could have shielded its pursuits.
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No cash surrender gain can be below the minimal nonforfeiture sum at that time. The death profit underneath these kinds of contracts shall be at the very least equivalent to your cash surrender reward.
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Furthermore, the court had no evidence to determine that the replacement liens had failed to maintain JPMorgan’s desire in its collateral. The court docket noted that it by no means had dominated on the worth with the fundamental collateral or the extent of JPMorgan’s lien from the collateral or perhaps the adequacy with the alternative here liens.