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HTMLFourth Circuit Case on Modification of Residential Mortgage
Ron Jones; Nexsen Pruet, LLC;
Legal Alert/Article
August 5, 2016, previously published on May 9, 2016
The Fourth Circuit has held that in a case where the rate of interest on a residential mortgage loan had been increased upon default, a Chapter 13 Plan proposing to “cure” default under 11 U.S.C. §1322(b) is an impermissible modification barred by §1322(b)(2).


HTMLCautionary Tale: Late Fees in Loan Documents Might Not Hold Up in Court
Matthew Gerald DiMeglio; Lerch, Early & Brewer, Chartered;
Legal Alert/Article
August 5, 2016, previously published on July 20, 2016
Banks and their attorneys go to great lengths to protect the lenders in case a nborrower fails to repay a loan. Sometimes, a court recently decided, those efforts go too far.


HTMLNew Cause of Action from Business Court?
Ron Jones; Nexsen Pruet, LLC;
Legal Alert/Article
August 5, 2016, previously published on May 17, 2016
In a recent case from the Business Court in Brunswick County, a North Carolina Judge held that Defendants could assert a claim for breach of the duty to negotiate in good faith finding that negotiations for a loan modification and renewal gave rise to a genuine issue of material fact as to whether...


Adobe PDFDelaware Bankruptcy Court Reaffirms the Viability of Class Proofs of Claim in PacSun Bankruptcy
Kevin C. Maclay, Todd E. Phillips, Sally J. Sullivan; Caplin & Drysdale, Chartered;
Legal Alert/Article
August 1, 2016, previously published on July 18, 2016
On June 22, 2016, the Bankruptcy Court for the District of Delaware allowed a putative creditor class to file a class proof of claim in the In re Pacific Sunwear of California, Inc., et al., bankruptcy proceedings.1 In granting the motion, the bankruptcy court applied its discretion to certify a...


HTMLNew York’s New BSA/AML Rule Imposes Monitoring, Filtering and Certification Requirements
Brian Barrett, Kristin Ward Cleare; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 29, 2016, previously published on July 28, 2016
On June 30, 2016, the New York Department of Financial Services (DFS) adopted a new anti-terrorism and anti-money laundering (AML) regulation (Final Rule) that builds on federal anti-money laundering requirements to address what the DFS called “shortcomings” in current practices...


HTMLNYS Department of Financial Services Adopts Final Rule Imposing Enhanced BSA/AML Compliance Standards on Financial Institutions
Michael A. Berlin, Carl A. Fornaris, Harold N. Iselin, William B. Mack, Niall E. O'Hegarty; Greenberg Traurig, LLP;
Legal Alert/Article
July 28, 2016, previously published on July 11, 2016
On June 30, 2016, the New York State Department of Financial Services (DFS or the Department) announced its adoption of the final version of its new regulation (the Final Rule) setting forth the required elements of “Transaction Monitoring and Filtering Programs” maintained by New York...


Adobe PDFLoss Payee Versus Lender’s Loss Payee: One Word Can Make All The Difference
Niel Alden; Burr & Forman LLP;
Legal Alert/Article
July 26, 2016, previously published on June 2016
When a lender makes a loan secured by personal property, it will perfect its interest in the collateral under applicable law. To further protect the value of the collateral supporting its loan, the lender will also require proof of insurance and obtain an endorsement on the borrower’s...


HTMLU.S. Aims to Increase Transparency in Order to Combat Offshore Abuses in Wake of Release of Panama Papers
Duane Morris LLP;
Legal Alert/Article
July 23, 2016, previously published on May 6, 2016
On May 5, 2016, the Obama administration announced a series of proposals that will be sent to Congress designed to combat the disguising of international financial dealings through the use of anonymous financial corporations in the United States. The proposals are a signal to both domestic and...


HTMLFurther Clarification from OFAC Relating to the Lifting of Certain U.S. Sanctions Under Joint Comprehensive Plan of Action on Implementation Day
Duane Morris LLP;
Legal Alert/Article
July 22, 2016, previously published on June 9, 2016
On June 8, 2016, in an effort to provide further clarity on the scope of the lifting of sanctions that occurred on Implementation Day on January 16, 2016, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) added certain guidance relating to financial and banking...


HTML1MDB, BSI and the Potential Perils of Ignoring Money Laundering Risks in Singapore
Duane Morris LLP;
Legal Alert/Article
July 22, 2016, previously published on May 25, 2016
This week, for the first time in more than 30 years, the Monetary Authority of Singapore (known as the MAS) has shut down an international bank’s operations in Singapore. BSI Bank Limited (BSI) was also fined SGD 13.3 million and six members of its senior management (including its former CEO)...


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