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|“Separate Entity” Rule Alive and Well in New York|
James Ancone, Mark G. Hanchet, Christopher J. Houpt, Alex C. Lakatos; Mayer Brown LLP;
November 14, 2014, previously published on October 28, 2014In a much anticipated decision, New York’s highest court, the Court of Appeals, confirmed on October 23, 2014, that the so-called “separate entity” rule continues to exist as a vibrant doctrine in the State of New York. Under the separate entity rule, a bank’s branches in...
|New York’s Highest Court Endorses Application of “Separate Entity Rule” to International Banks: Landmark Ruling by Court of Appeals Confirms that Service of Asset Freeze Order on New York Branch of International Bank Does Not Reach Overseas Branches|
Bruce E. Clark, Justin J. DeCamp, Robert J. Giuffra, Sharon L. Nelles, Bradley P. Smith; Sullivan & Cromwell LLP;
November 14, 2014, previously published on October 23, 2014In Motorola Credit Corporation v. Standard Chartered Bank, the New York Court of Appeals confirmed that the separate entity rule, which has existed for nearly 100 years, remains a valid rule of law. Specifically, the Court of Appeals held that “a judgment creditor’s service of a...
|IRS Issues Audit Directive on Worthless Debt Deductions for Banks and Bank Affiliates: LBI Directs Its Auditors Not to Challenge Certain Worthless Debt Deductions|
Judith R. Fiorini, Donald L. Korb, Andrew S. Mason, Eric S. Wang; Sullivan & Cromwell LLP;
November 14, 2014, previously published on October 29, 2014The Large Business and International Division (“LBI”) at the IRS issued an audit directive (the “Directive”) to its revenue agents relating to bad debt deductions claimed by banks and regulated bank affiliates. The Directive clarifies the application of the presumption rules...
|Complying with the Florida Consumer Collection Practice Act|
Adam Keith Butman Brandon; Rogers Towers, P.A.;
November 12, 2014, previously published on October 16, 2014In addition to ensuring compliance with the federal Fair Debt Collection Practices Act (FDCPA), lenders should take precautions to limit its exposure to claims under the Florida Consumer Collection Practices Act (FCCPA).
|Recent Decision Creates Split in Middle District Regarding Whether 11 U.S.C. § 707(b)(2) Applies to Cases Converted to Chapter 7|
Armando Nozzolillo, Michael S. Waskiewicz; Rogers Towers, P.A.;
November 12, 2014, previously published on October 14, 2014In the last 2 years, three judges of the Middle District of Florida (Judges Funk, Delano and Williamson) have each issued opinions finding 11 U.S.C. § 707(b)(2) inapplicable in cases converted from a Chapter 13 to a Chapter 7. These Courts have based their findings on the “plain...
|A Bank Divided: The “Separate Entity” Rule Lives|
H. Bradford Glassman, Bruce R. Grace, A. Katherine Toomey; Lewis Baach PLLC;
November 12, 2014, previously published on October 2014New York’s Court of Appeals issued a decision today in Motorola Credit Corporation v. Standard Chartered Bank, resolving, at least for the time being, whether foreign branches of a bank are entities separate from that bank’s US branches for the purpose of serving and enforcing...
|Usury in Florida: Penalties|
Scott Jonathan Kennelly, Janet C. (Jacy) Owens; Rogers Towers, P.A.;
November 12, 2014, previously published on October 7, 2014There are two “tiers” of penalties for violation of the Florida usury statutes, one civil and the other criminal, and both are severe. Civil penalties usually involve forfeiture of the entire interest charged (or contracted to be charged), such that only the principal balance may be...
|The Rise of a Regulator - New York’s Department of Financial Services Takes Matters Into Its Own Hands|
Adam S. Kaufmann, Arthur D. Middlemiss, Hillary Rosenberg, A. Katherine Toomey; Lewis Baach PLLC;
November 12, 2014, previously published on October 2014New York’s state-level financial regulator - the Department of Financial Services (“DFS”) - regulates all banks and insurance companies located in New York. It has always been a robust regulator, but until lately, it has operated largely in the background, particularly in high...
|New NBU “Anti-crisis” Measures|
Natalia Selyakova; Dentons Canada LLP;
November 5, 2014, previously published on October 6, 2014Resolution No. 626 of the Board of the National Bank of Ukraine dated 3 October 2014, which entered into force as of 4 October 2014, has introduced changes to the Resolution No. 540 of the Board of the National Bank of Ukraine dated 29 August 2014, concerning additional “anti-crisis...
|Regulators Expect Continued Focus on Fair Lending|
H. Gary Pannell; Jones Walker LLP;
November 3, 2014, previously published on October 16, 2014Compliance with fair lending requirements continues to rank as a high priority among federal financial regulators. A panel discussion at a meeting of the Mortgage Bankers Association in late September featured representatives of the U.S. Department of Justice, the Consumer Financial Protection...