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21 Nov 2019, 1:00 pm
The Bureau plans to examine whether it should (1) permit adjustments to a loan originator’s compensation in connection with originating state housing finance authority loans to facilitate the origination of such loans, and (2) permit creditors to decrease an originator’s compensation due to the originator’s error “to provide clearer rules of the road for regulated entities. [read post]
21 Nov 2019, 11:49 am
In our view, each agency should adopt a rule that provides loans funded by a bank in its own name as creditor are fully subject to Section 85 or Section 27(a) and other provisions of the NBA, HOLA or FDIC Act, as applicable, for their entire term. [read post]
21 Nov 2019, 11:45 am
“David is a key member of our Bankruptcy, Restructuring and Debtor-Creditor Rights Practice Group. [read post]
21 Nov 2019, 8:19 am
While it appears that the independent exercise of the Article 59 power under Article 59(l)(a) may only be exercised in relation to internally-issued minimum requirements for own funds and eligible liabilities (MREL), it is less clear whether the power may be used in relation to externally-issued MREL when used in combination with other resolution actions; expanding the scope of Article 59 calls into question the distinction between the mandatory conversion of capital instruments to use their loss… [read post]
20 Nov 2019, 6:00 am
Fees and Interest: Bankruptcy trustees gain a percentage of liquidated assets, as well as all the money they distribute to your creditors. [read post]
19 Nov 2019, 12:01 pm
Creditors of Lenny Perry’s Produce, Inc. v. [read post]
19 Nov 2019, 2:00 am
Access on appeal argued that the merger doctrine was inapplicable as Platt was the borrower and Access, a corporate entity separate from Platt, was the creditor of the judgment. [read post]
18 Nov 2019, 3:18 pm
The Discussion Paper addresses a number of aspects of corporate criminal liability, including:• the principled division between criminal offences and civil penalty provisions; • the method for attributing criminal liability to corporations; • individual liability for corporate offences; • deferred prosecution agreements; • penalties and the sentencing process; • illegal phoenix activity (deliberate liquidation with the intent to avoid creditors and continue… [read post]
18 Nov 2019, 11:31 am
In a rent-a-bank arrangement, the bank serves as the formal lender—that is the bank will be the creditor on the loan—but the non-bank partner will generally do everything of substance with the loan: it will market the loan product and prospect for customers, it will underwrite the loan (or license the underwriting software to the bank, which will exercise almost no discretion in using the software), it will service the loan, and it will be either the assignee of the loan… [read post]
18 Nov 2019, 8:48 am
Fortunately, bankruptcy halts creditor collection attempts while protecting your most important assets, such as a car or home. [read post]
17 Nov 2019, 9:26 pm
First, Western advanced economies had agency because their involvement was needed to prevent the AIIB from becoming a homogenous small organization consisting of Asian debtor countries in favour of a global organization with a heterogeneous group of both debtor and creditor country members. [read post]
15 Nov 2019, 4:49 pm
The purpose of the act is to eliminate abusive practices that creditors use to collect a debt from the consumer. [read post]
15 Nov 2019, 8:45 am
But if you pay family and friends money before you file bankruptcy, so you can avoid listing them as a creditor on the bankruptcy or just because you want them to get paid back even though others creditors are not getting paid any money, that may be considered a “preference” and the trustee may be able to avoid that preference. [read post]
14 Nov 2019, 3:31 pm
Their affluence makes them targets, in many cases, of actual criminals—as well as targets of lawsuits, creditors, former spouses and others. [read post]
14 Nov 2019, 2:56 pm
Creditors would simply be unable to collect unless the business starts making money again. [read post]
14 Nov 2019, 10:38 am
To be eligible under the bill, license holders must have a clean criminal record with no charges pending, and they cannot be avoiding prosecution or creditors. [read post]
14 Nov 2019, 6:51 am
The trade groups claim that (1) because creditors are not permitted to access a credit report where there is no permissible purpose or consent from the non-applicant, the requirement violates the FCRA, and (2) because creditors are not permitted to obtain information about a non-applicant spouse or former spouse based solely on the applicant’s request, it violates the ECOA/Regulation B prohibition on requesting information on an applicant’s spouse or former… [read post]
14 Nov 2019, 5:20 am
And the second will decide whether an order denying a creditor’s motion to lift an automatic stay is considered a final order that the creditor can appeal. [read post]
14 Nov 2019, 3:53 am
Jackson Masonry, LLC, in which the court will decide whether an order denying a creditor’s motion to lift an automatic stay of efforts by creditors to collect debts from the debtor is a final order that the creditor can appeal, for this blog. [read post]
14 Nov 2019, 2:34 am
In the present case, the creditor obtained a payment order. [read post]
