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HTMLReaffirmation and the Advantages for Credit Unions
Joseph M. McCandlish; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
October 10, 2014, previously published on September 25, 2014
For many creditors, when a debtor files a Chapter 7 bankruptcy, getting the debtor to sign and return a reaffirmation agreement is only the first challenge. Depending on the debtor's financial situation, a hearing may be held at which the debtor would need to prove he or she can make the payments....

 

HTMLCFPB Releases New Mortgage Servicing Bulletin
Robert Lieber; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
October 10, 2014, previously published on September 26, 2014
The Consumer Financial Protection Bureau (CFPB) has issued a new compliance bulletin that addresses new mortgage servicing rules as well as examiner expectations.

 

HTMLHolding Guardianship Accounts: Best Practices
John B. C. Porter; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
October 10, 2014, previously published on September 25, 2014
I don't know if it's the result of our aging population (fueled by the Baby Boomer generation), but it seems credit unions are increasingly being presented with guardianship papers and asked to convert existing accounts into guardianship accounts. As the number of calls and questions I have...

 

HTMLYet Again, the Supreme Court Narrows Patent Eligibility, This Time Targeting Computer-Related Inventions
Bruce D. Sunstein; Sunstein Kann Murphy & Timbers LLP;
Legal Alert/Article
October 10, 2014, previously published on July 1, 2014
In the wake of its decisions denying eligibility for patent protection to diagnostic procedures (Mayo Collaborative Services v. Prometheus Laboratories, 2012), and isolated genomic DNA (Association for Molecular Pathology v. Myriad Genetics, 2013), the Supreme Court has denied patent eligibility to...

 

HTMLPentagon Proposes Amendments to Military Lending Regulations
Eric J. Dyas; Jones Walker LLP;
Legal Alert/Article
October 10, 2014, previously published on October 2, 2014
On Monday, September 29, the Department of Defense ("DOD") published in the Federal Register proposed amendments to its regulations implementing the Military Lending Act ("MLA"). The MLA, 10 U.S.C. § 987, and its implementing regulations, 32 C.F.R. Part 232, impose various...

 

HTMLOSFI Issues Revised Capital Requirements for Property and Casualty Insurers
Ana Badour, Nancy J. Carroll, Frédéric Cotnoir, Barry J. Ryan; McCarthy Tétrault LLP;
Legal Alert/Article
October 9, 2014, previously published on October 7, 2014
On September 24, 2014, the Office of the Superintendent of Financial Institutions (OSFI) issued the revised Minimum Capital Test Guideline (Guideline) setting forth more robust risk-based capital requirements applicable to federally regulated property and casualty insurance companies (P&C Insurers)...

 

HTMLThe Indoor Management Rule and Security Grant in a Signed Purchase Order Upheld
Jonathan Fleisher, Keri Wallace; Cassels Brock & Blackwell LLP;
Legal Alert/Article
October 9, 2014, previously published on October 7, 2014
A question that we are often asked as finance lawyers is what level of support is needed to confirm that a document was properly executed, such that it would be binding on, and enforceable against, the corporate signatory. Our general advice is to obtain a certificate of incumbency, together with...

 

HTMLSupreme Court of Canada Rules that Provincial Consumer Protection Laws Apply to Bank-Issued Credit Cards
Suhuyini Abudulai; Cassels Brock & Blackwell LLP;
Legal Alert/Article
October 9, 2014, previously published on October 1, 2014
On September 19, 2014, the Supreme Court of Canada (the “SCC”) released its long-awaited decision in Bank of Montreal v. Marcotte and two companion cases (Amex Bank of Canada v. Adams and Marcotte v. Fédération des caisses Desjardins du Québec). Significantly, the...

 

HTMLDebt Collectors Beware: Venue Provision of FDCPA Reinterpreted
Brian C. Langs, Joseph R. Marconi; Johnson & Bell, Ltd.;
Legal Alert/Article
October 8, 2014, previously published on September 2014
In Suesz v. Med-1 Solutions, LLC, 2014 U.S. App. LEXIS 12562 (7th Cir. 2014), the Seventh Circuit recently reinterpreted the venue provision of the federal Fair Debt Collection Practices Act (“FDCPA”). The issue for the court was whether township small claims courts in Marion County,...

 

HTMLBankruptcy Trustee Lacks Standing to Bring Derivative Claim Against Bank’s Directors After Bank’s Closure and Receivership by FDIC
Scott St. Amand; Rogers Towers, P.A.;
Legal Alert/Article
October 8, 2014, previously published on September 25, 2014
In April of 2010, the Office of the Comptroller of the Currency closed First National Bank Myrtle Beach, S.C., a wholly-owned subsidiary of Beach First National Bancshares, a bank holding company, and named the FDIC as its receiver. As a consequence of the bank’s failure, Bancshares filed for...

 


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