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By Karen Sloan | July 20, 2017
A bankruptcy judge has ruled that the institutions have standing in a lawsuit resulting in a large punitive damages award.
1 minute read
By newyorklawjournal | New York Law Journal | July 18, 2017
Banking Law §675 Presumption Inapplicable; Judgment to Decedent's Brother Denied
1 minute read
By Celia Ampel | July 18, 2017
The former Wall Street hedge fund employee stole his ex-coworkers' identities to get fraudulent loans, according to prosecutors.
1 minute read
By Celia Ampel | July 18, 2017
The former Wall Street hedge fund employee stole his ex-coworkers' identities to get fraudulent loans, according to prosecutors.
1 minute read
By Carla Vianna | July 18, 2017
Transwestern's Miami-based managing director John Bell helps market and sell an underperforming office asset in downtown Jacksonville for $15 million.
1 minute read
By C. Ryan Barber | July 18, 2017
The Consumer Financial Protection Bureau is moving forward on a rule that would restrict arbitration agreements that block consumers from bringing class actions against banks. Now, it's game on for the rule's supporters and opponents. The battle may not be confined to Capitol Hill. Ready for a "legal hail Mary"?
1 minute read
By Andrew C. Kassner and Joseph N. Argentina Jr. | July 14, 2017
Over the years, the real estate industry relied heavily on securitization vehicles to finance commercial real estate projects. The loans are packaged and then sold in pools to investors. Various mechanisms have been developed to facilitate collection of the loans without the uncertainty of a borrower bankruptcy filing that could delay and increase the costs of collection. Lenders in these secured transactions often use special purpose entities, or SPEs, to attempt to limit the risk of a borrower bankruptcy filing. While these structures can vary, the concept is to create a separate corporate entity whose only purpose and asset is the one real estate project, and the only significant obligation is the mortgage loan. The SPE is isolated from the financial affairs of the corporate parent or affiliates. The lender requires the borrower to appoint an independent director to the board from a mutually acceptable source, and unanimous board approval for certain key decisions, such as the decision to file for bankruptcy. Consequently, a lender is able to reduce the risk of delay after default and high costs of collection, and the borrower benefits from lower interest rates and fees from the lower cost loan.
1 minute read
By thelegalintelligencer | The Legal Intelligencer | July 14, 2017
Bankruptcy court had the authority to issue a filing injunction against a debtor who requested voluntary dismissal under §1307(b) because nothing in the bankruptcy code said otherwise but the injunction the court issued was an abuse of discretion since it failed to explain its reasoning for an injunction that was far broader than the one sought by credit union bringing the action. Order vacated.
1 minute read
By Marcia Coyle | July 14, 2017
Federal prosecutors have taken it on the chin in recent U.S. Supreme Court decisions that pushed back against the government's expansive reading of federal criminal laws. The latest setback came Thursday, when a federal appeals court voided the corruption conviction of a once-powerful New York state Assembly speaker. Here's a snapshot of the McDonnell decision and other rulings, four of which were issued by the Roberts Court, that restricted prosecution offices.
1 minute read
By Scott Flaherty | July 13, 2017
Following a string of successful mortgage-backed securities cases against most of the banking industry, Philippe Selendy of Quinn Emanuel Urquhart and Sullivan notched another achievement this week.
1 minute read
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