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HTMLUDAAP Council Weekly UDAAP Standards Report - 09/17/14
Martin J. Bishop; Foley & Lardner LLP;
Legal Alert/Article
September 23, 2014, previously published on September 18, 2014
Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims. In an effort to illuminate the UDAAP standards, below is a sampling of some of this week’s UDAAP decisions on the meaning of unfair, deceptive, and abusive.

 

HTMLNorth Carolina Supreme Court Upholds Enforceability of Waiver of ECOA Claim
Jessica K. Burr; Spilman Thomas Battle PLLC;
Legal Alert/Article
September 23, 2014, previously published on September 18, 2014
Last month, the North Carolina Supreme Court issued an important opinion for lenders in this state. The opinion reversed the North Carolina Court of Appeals’ decision in RL REGI N.C., LLC v. Lighthouse Cove, LLC, which found that a waiver of claims contained in a forbearance agreement could...

 

Adobe PDFBasel III Liquidity Framework: Federal Reserve Approves Final Rule Implementing Basel III Liquidity Coverage Ratio for Large U.S. Banks
Sullivan Cromwell LLP;
Legal Alert/Article
September 23, 2014, previously published on September 9, 2014
On Wednesday, September 3, the Board of Governors of the Federal Reserve System (the “Federal Reserve”), the Office of the Comptroller of the Currency (the “OCC”) and the Federal Deposit Insurance Corporation (the “FDIC” and, together with the Federal Reserve and...

 

HTMLCFPB and FTC Stop Two Payday Lending Scams
Thomas I. Elkind; Foley & Lardner LLP;
Legal Alert/Article
September 23, 2014, previously published on September 18, 2014
In separate suits brought by the Consumer Financial Practices Bureau (“CFPB”) and the Federal Trade Commission (“FTC”) federal courts have frozen the assets of two separate groups who allegedly defrauded consumers by creating unauthorized payday loans.

 

HTMLThe Marcotte Decision: The Supreme Court of Canada Rules Against Banks in Provincial Consumer Protection Class Action
David T. Neave, Rebecca R. von Rüti; Davis LLP;
Legal Alert/Article
September 23, 2014, previously published on September 22, 2014
On September 19, 2014, the Supreme Court of Canada (the “Court”) ruled in Bank of Montreal v. Marcotte (“Marcotte”) that Quebec’s consumer protection legislation is applicable to federally regulated banks such that it provides the basis for consumer class actions in...

 

HTMLNo Market Interest Rate and No Make Whole: Momentive Performance Court Rejects Lender Arguments Against Confirmation
Ingrid Bagby, Mark C. Ellenberg, Michael A. Stevens; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
September 23, 2014, previously published on September 17, 2014
On August 26, 2014, Judge Robert D. Drain of the United States Bankruptcy Court for the Southern District of New York ruled that (i) the debtors could satisfy the cramdown requirements of section 1129(b) of the Bankruptcy Code by issuing to certain secured noteholders replacement notes with...

 

HTMLIndustry Canada Announces Online Deposit Tool to Register Security Interests Over Railcars or Rolling Stock in Canada
Jennifer Wasylyk; Cassels Brock & Blackwell LLP;
Legal Alert/Article
September 23, 2014, previously published on September 19, 2014
In previous publications, we provided an overview of the process for registering security interests over railcars or rolling stock in Canada and outlined considerations to be mindful of when taking railcar security in Canada, including considerations relating to the recent introduction of the...

 

HTMLAnother Court Rules That Availability of Make-Whole Premiums in Bankruptcy Depends on Governing Documents
Eric R. Blythe, Kevin J. Walsh; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 23, 2014, previously published on September 15, 2014
In a recent bench decision in In re MPM Silicones, LLC et al., Case No. 14-22503-RDD (Bankr. S.D.N.Y. August 26, 2014), the Bankruptcy Court considered bondholders’ right to recover make-whole premiums (premiums paid for early repayment of debt) upon the payment of accelerated debt following...

 

Adobe PDFProposed Margin Requirements for Uncleared Swaps Under Dodd-Frank: Federal Reserve Board, OCC, FDIC, Farm Credit Administration and Federal Housing Finance Agency Repropose Rules for Minimum Margin and Capital Requirements for Certain Dealers and Major Participants in Swaps and Security-Based Swaps
Sullivan Cromwell LLP;
Legal Alert/Article
September 23, 2014, previously published on September 10, 2014
On September 3, 2014, the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency (“OCC”), the Farm Credit Administration and the Federal Housing Finance Agency (collectively, the “Prudential Regulators”) issued a proposed rule to...

 

Adobe PDFSecurity-Based Swaps: SEC Proposes Rule Regarding Communications Involving Security-Based Swaps Entered Into Solely by Eligible Contract Participants
Sullivan Cromwell LLP;
Legal Alert/Article
September 23, 2014, previously published on September 10, 2014
On September 8, 2014, the Securities and Exchange Commission proposed a rule under the Securities Act of 1933 to provide that the publication or distribution of price quotes relating to security-based swaps that may be purchased only by eligible contract participants and are traded or processed...

 


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