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|Bank Capital Plans and Stress Tests: Federal Reserve Issues Instructions and Guidance for the 2015 Comprehensive Capital Analysis and Review Program|
Whitney A. Chatterjee, H. Rodgin Cohen, Elizabeth T. Davy, Mitchell S. Eitel, Michael T. Escue; Sullivan & Cromwell LLP;
November 14, 2014, previously published on October 29, 2014On October 16, the Board of Governors of the Federal Reserve System (the “Federal Reserve”) issued its summary instructions and guidance (the “CCAR 2015 Instructions”) for its supervisory Comprehensive Capital Analysis and Review program for 2015 (“CCAR 2015”)...
|Termination Statement Causes Loss of Lien, Even If Erroneous|
Lawrence D. Coppel; Gordon Feinblatt LLC;
November 14, 2014, previously published on November 2014On October 17, 2014 the Delaware Supreme Court, in response to a question certified to it by the United States Court of Appeals for the Second Circuit, held that under Delaware Uniform Commercial Code § 9-513, a secured creditor lost its lien in collateral when it authorized the filing of a...
|Pontiac General Employees Retirement System v. Healthways, Inc.: Delaware Chancery Court Declines to Dismiss Fiduciary Duty Claims Against Directors and Aiding and Abetting Claims Against Lender in Connection with Dead Hand Change of Control Provision in Credit Agreement|
Francis J. Aquila, Audra D. Cohen, H. Rodgin Cohen, Mitchell S. Eitel, John E. Estes; Sullivan & Cromwell LLP;
November 14, 2014, previously published on October 27, 2014In a bench ruling issued on October 14, 2014, the Delaware Court of Chancery (VC Laster) declined to dismiss fiduciary duty claims against the directors of Healthways, Inc. (“Healthways”) and an aiding and abetting claim against SunTrust Bank (“SunTrust”), the lender...
|New CFPB Rule Allows Posting of Annual Privacy Notices|
Christopher R. Rahl; Gordon Feinblatt LLC;
November 14, 2014, previously published on November 2014The Consumer Financial Protection Bureau ("CFPB") recently adopted a final rule permitting certain institutions to post their annual Gramm-Leach-Bliley Act ("GLBA") privacy notices on their websites. The new rule does not apply in all situations and does not cover securities and...
|The Rise of a Regulator - New York’s Department of Financial Services Takes Matters Into Its Own Hands|
Adam S. Kaufmann, Arthur D. Middlemiss, Hillary Rosenberg, A. Katherine Toomey; Lewis Baach PLLC;
November 12, 2014, previously published on October 2014New York’s state-level financial regulator - the Department of Financial Services (“DFS”) - regulates all banks and insurance companies located in New York. It has always been a robust regulator, but until lately, it has operated largely in the background, particularly in high...
|A Bank Divided: The “Separate Entity” Rule Lives|
H. Bradford Glassman, Bruce R. Grace, A. Katherine Toomey; Lewis Baach PLLC;
November 12, 2014, previously published on October 2014New York’s Court of Appeals issued a decision today in Motorola Credit Corporation v. Standard Chartered Bank, resolving, at least for the time being, whether foreign branches of a bank are entities separate from that bank’s US branches for the purpose of serving and enforcing...
|Recent Decision Creates Split in Middle District Regarding Whether 11 U.S.C. § 707(b)(2) Applies to Cases Converted to Chapter 7|
Armando Nozzolillo, Michael S. Waskiewicz; Rogers Towers, P.A.;
November 12, 2014, previously published on October 14, 2014In the last 2 years, three judges of the Middle District of Florida (Judges Funk, Delano and Williamson) have each issued opinions finding 11 U.S.C. § 707(b)(2) inapplicable in cases converted from a Chapter 13 to a Chapter 7. These Courts have based their findings on the “plain...
|Usury in Florida: Penalties|
Scott Jonathan Kennelly, Janet C. (Jacy) Owens; Rogers Towers, P.A.;
November 12, 2014, previously published on October 7, 2014There are two “tiers” of penalties for violation of the Florida usury statutes, one civil and the other criminal, and both are severe. Civil penalties usually involve forfeiture of the entire interest charged (or contracted to be charged), such that only the principal balance may be...
|Complying with the Florida Consumer Collection Practice Act|
Adam Keith Butman Brandon; Rogers Towers, P.A.;
November 12, 2014, previously published on October 16, 2014In addition to ensuring compliance with the federal Fair Debt Collection Practices Act (FDCPA), lenders should take precautions to limit its exposure to claims under the Florida Consumer Collection Practices Act (FCCPA).
|More Ammunition in Defending Against Preference Claims|
Jayson B. Ruff; McDonald Hopkins LLC;
November 11, 2014, previously published on October 30, 201411 U.S.C. § 547 gives a bankruptcy trustee or debtor in possession strong powers in avoiding transfers made by the bankrupt debtor within the 90-day period prior to the debtor's bankruptcy filing. I am sure there are many creditors who have had the unpleasant experience of receiving a letter...