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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...

 

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...

 

HTMLUsing Interest Accrual as a Bargaining Tool
Timothy Spencer; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
September 23, 2014, previously published on September 9, 2014
Creating incentives to entice responsible parties to pay outstanding nursing home debts is by no means easy. Particularly so in the nursing home arena, the mechanisms with which a nursing home facility may equip itself in order to encourage responsible parties to pay off owed debts often proves to...

 

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...

 

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...

 

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...

 

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...

 

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...

 

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).

 

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...

 


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