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Results: 1-10 of 11,252

Good News for Creditors in Individual Bankruptcy Cases
  • Buchalter Nemer
  • USA
  • February 4 2016

For the past several years, creditors in the Ninth Circuit were confounded by an interpretation of the Bankruptcy Code that permitted individual


4th Cir Holds Finance Company Could Be Liable Under MD's Version of FDCPA, But Holds Company Properly Cured Excessive Interest Rate
  • Maurice Wutscher LLP
  • USA
  • February 3 2016

The U.S. Court of Appeals for the Fourth Circuit recently held that a finance company properly cured a contractual interest rate provision in excess of the statutory cap, and was not liable under the Maryland Credit Grantor Closed End Credit Provisions, Com. Law 12-1001 et seq. (MCLEC


Limits of Ascertainability Reached in Class Allegations Against Equifax
  • Carlton Fields
  • USA
  • February 3 2016

Plaintiff, hoping to recover from Equifax for issuing a credit report with “incorrect and damaging information,” sought to represent a class of “all


Kane v. Think Finance and the Possible Impacts on Marketplace Lending
  • Morgan Lewis & Bockius LLP
  • USA
  • February 3 2016

A recent decision from the US District Court for the Eastern District of Pennsylvania, Kane v. Think Finance, Inc., Civ. No. 14-cv-7139, 2016 WL


Did the Fourth Circuit Just Create a Cause of Action for “Unconscionable Inducement” Under West Virginia Law?
  • Burr & Forman LLP
  • USA
  • February 3 2016

In McFarland v. Wells Fargo Bank, N.A., 14-2126 (4th Cir. Jan. 15, 2016), the Fourth Circuit Court of Appeals examined the argument that a loan was


Florida Second District Court of Appeal Weighs In on Consumer Collection Practices Laws
  • Duane Morris LLP
  • USA
  • February 3 2016

Many states have enacted consumer collection practices laws that impose additional hurdles for lenders in their efforts to collect debts and


Seventh Circuit Warns Banks: Ignore Red Flags at Your Own Peril
  • Squire Patton Boggs
  • USA
  • February 2 2016

When can a bank be at risk of unknowingly receiving a fraudulent transfer? How much information does a bank need to have before it is on "inquiry


Stop Notices and Mechanic’s Liens: Construction Lenders’ Nightmares
  • Buchalter Nemer
  • USA
  • February 1 2016

Historically low interest rates have led to the substantial growth in real estate lending, especially construction lending. Unfortunately, the lead


Florida’s 5th DCA Joins 2d and 3d, Expressly Adopts Substantial Compliance Standard
  • Burr & Forman LLP
  • USA
  • February 1 2016

The brief era of confusion amongst Florida trial judges regarding the standard for judging compliance with conditions precedent in residential


Ambac and J.P. Morgan Reach $995M RMBS Settlement
  • Orrick, Herrington & Sutcliffe LLP
  • USA
  • February 1 2016

On Monday, January 25, 2016, monoline insurer Ambac Assurance Corporation (“Ambac”) reached a $995 million settlement with J