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HTMLProtecting the Lender: Strategies for Extending Credit to Health Care Providers
Eric J. Breithaupt; Stites & Harbison, PLLC;
Legal Alert/Article
July 24, 2014, previously published on July 21, 2014
Contrary to popular belief, lending to a doctor is risky business. The business of a health care provider is specialized, and therefore requires specialized lending. Lenders cannot simply repackage loan documents used for other industries, and having a lien on receivables may not alleviate the...

 

HTMLCollecting Charge-Offs: A Valuable Source of Revenue (Part One of Three-Part Series)
Robin Frazer, Elizabeth Lee Thompson; Stites & Harbison, PLLC;
Legal Alert/Article
July 24, 2014, previously published on July 16, 2014
At the height of the Great Recession—the fourth quarter of 2009—banks charged off 3.1% of all loans, resulting in a net loss of nearly $51 billion in that quarter alone. Over $27 billion of the 2009 fourth-quarter charge-offs came from loans secured by real estate, and another $8...

 

HTMLPuerto Rico and PREPA Seek Dismissal of Bondholder Challenge to Territory’s Bankruptcy Statute
William W. Kannel, Leonard Weiser-Varon; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 24, 2014, previously published on July 22, 2014
The Commonwealth of Puerto Rico and the Puerto Rico Electric Power Authority (PREPA) yesterday filed separate motions to dismiss the federal court complaint filed last month by some PREPA bondholders seeking to invalidate the recently-enacted Puerto Rico Public Corporation Debt Enforcement and...

 

HTMLCollecting Charge-Offs: A Valuable Source of Revenue (Part Two of Three-Part Series)
Robin Frazer, Elizabeth Lee Thompson; Stites & Harbison, PLLC;
Legal Alert/Article
July 24, 2014, previously published on July 21, 2014
In this three-part series, Stites & Harbison (“S&H”) is examining the opportunities banks have to recover the large amount of loans that were charged off in the Great Recession. Last week, the first part of the series described the scope of outstanding charged-off loans, the roughly...

 

HTMLWDKY Holds that Service Charge on Delinquent Account Violates Kentucky Usury Law!
Richard A. Vance; Stites & Harbison, PLLC;
Legal Alert/Article
July 24, 2014, previously published on July 16, 2014
PSI, a debt collector, sought to collect a delinquent account from Grace, a consumer who had received medical services in the emergency room of a Louisville hospital. She failed to pay her bill, and when PSI tacked on a 1 ˝% per month “service charge,” she filed a usury action and a...

 

HTMLMaine Supreme Court Decision Limits Scope of MERS' Ability to Assign Mortgages
Duane Morris LLP;
Legal Alert/Article
July 23, 2014, previously published on July 14, 2014
On July 3, 2014, the Maine Supreme Judicial Court issued a ruling in Bank of America, N.A. v. Greenleaf, 2014 ME 89 (Me. July 3, 2014), significantly affecting the ability of Mortgage Electronic Registration System, Inc. (MERS) to assign mortgage rights as a "nominee" of a mortgage...

 

HTMLAmendments to Pennsylvania’s Law on Powers of Attorney
Keri Ebeck; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
July 23, 2014, previously published on July 17, 2014
On July 2, 2014, Governor Tom Corbett signed into law as part of Act 95 of 2014, House Bill 1429, which provides for the amendments of Title 20 Chapter 56 (20 Pa. C.S. §§5601-5612). Title 20, Chapter 56 provides for the laws that govern all power of attorneys (hereinafter...

 

HTMLBut I Don’t Want Someone Telling Me What I Can Spend!
James Ince; Bailey & Galyen, Attorneys at Law;
Legal Alert/Article
July 22, 2014, previously published on July 2, 2014
Many times I have met with people who have great concerns about filing bankruptcy. They are afraid that the court will tell them how they can or cannot spend money. Often, people put off filing a bankruptcy for many years because they are afraid of the loss of control. The irony is that they have...

 

Adobe PDFPension protection fund changes following Olympic Airlines case
Beth Brown, Ronan McNabb; Mayer Brown International LLP;
Legal Alert/Article
July 22, 2014, previously published on July 2014
The regulatory amendments drawn up by the Secretary of State for Work and Pensions following the outcome in Trustees of Olympic Airlines SA Pension & Life Assurance Scheme v Olympic Airlines SA have been drafted narrowly and may end up protecting no one other than the beneficiaries of the...

 

HTMLDefending Preference Actions: Understanding Your Rights as a Creditor
Lacey E. Rochester; Liskow & Lewis A Professional Law Corporation;
Legal Alert/Article
July 21, 2014, previously published on July 14, 2014
There is nothing more frustrating to a creditor than finally getting paid for goods or services, only to have a customer file for bankruptcy protection and, as a result, ending up on the receiving end of a bankruptcy preference action.

 


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