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Adobe PDFBank Capital: Supplementary Leverage Ratio; Federal Banking Agencies Issue Final Rules Revising the Supplementary Leverage Ratio’s Exposure Measure Denominator
Sullivan Cromwell LLP;
Legal Alert/Article
September 23, 2014, previously published on September 16, 2014
Earlier this month, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System and the Office of the Comptroller of the Currency (collectively, the “Agencies”) issued final rules (the “Final SLR Rules”) that revise the definition and...

 

HTMLMassachusetts Division of Banks Gears Up to Implement State Law Limiting Flood Insurance Requirements on Residential Properties
Nancy R. Wilsker; Hinckley, Allen & Snyder LLP;
Legal Alert/Article
September 23, 2014, previously published on September 17, 2014
On Thursday, September 11, 2014 the Massachusetts Division of Banks held a public hearing regarding regulations to implement Chapter 177 of the Acts of 2014, An Act Further Regulating Flood Insurance (the "Act"). The Division will continue to accept written comments concerning the...

 

HTMLBorrowers Need to be Made Aware of Mortgage Relief Scams
Larry R. Rothenberg; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
September 23, 2014, previously published on September 8, 2014
While the media places great emphasis on lawsuits alleging wrongdoing by mortgage lenders against homeowners, less emphasis has been placed on egregious frauds perpetrated against distressed homeowners by supposed providers of mortgage assistance relief services (MARS).

 

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...

 

HTMLGenco Shipping: Valuation Lessons Learned From "Underwater” Equity
Michael S. Fox, Adam H. Friedman, Jordanna L. Nadritch; Olshan Frome Wolosky LLP;
Legal Alert/Article
September 23, 2014, previously published on September 11, 2014
Valuation is a balance of art and science. In the bankruptcy context, valuation determines which constituents are entitled to a recovery and which are not, making it a centerpiece of the restructuring process. In In re Genco Shipping & Trading, Ltd. the federal bankruptcy court in New York...

 

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...

 

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...

 

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.

 

HTMLCFTC Votes to Re-Propose Margin Requirements for Uncleared Swaps
Steven Lofchie, Nihal S. Patel, Jeffrey L. Robins; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
September 22, 2014, previously published on September 18, 2014
On September 17, 2014, the Commodity Futures Trading Commission (“CFTC”) voted to re-propose rules to impose initial and variation margin requirements on uncleared swaps entered into by swap dealers and major swap participants that are not regulated by a “Prudential...

 

HTMLJudge Vacates $22 Million Verdict and Orders New Trial
Richard A. Vance; Stites & Harbison, PLLC;
Legal Alert/Article
September 19, 2014
Jefferson Circuit Judge Jim Shake vacated jury verdicts against several banks in a major lender liability/mortgage fraud case in Louisville. The verdict, one of the largest ever in a Kentucky lender liability case, garnered significant media attention when rendered last fall, but the order for a...

 


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