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The Law of Banking Blog

Articles: 1-10 of 16

Considerations for banks in preparing for the end of LIBOR

United Kingdom, USA - September 10 2018 On July 27, 2017, Andrew Bailey, the head of the U.K. Financial Conduct Authority (FCA), surprised the banking industry (and other financial markets)…

New Texas Online Notarization Law Allows Remote Acknowledgment in Domestic and Cross-Border Transactions

USA - April 13 2018 The 85th Session of the Texas Legislature passed H.B. 1217 to allow online notarization, making it the third state (after Virginia and Montana) to…

4 Tips for a Better (Loan) Workout

USA - March 27 2018 Business bankruptcy filings have dropped by more than one-third over the last five years. One potential reason for this drop is that lenders have…

Bill That Would Overturn Madden v. Midland Funding, LLC And Codify Valid-When-Made Doctrine Passes In House

USA - February 21 2018 The House of Representatives recently passed H.R. 3299, the “Protecting Consumers Access to Credit Act of 2017.” This act codifies the…

Are Your Loan Documents Ready For The Death Of LIBOR?

USA - February 6 2018 The London Interbank Offered Rate (“LIBOR”) is a nearly 50-year old global borrowing benchmark which underpins more than $350 trillion of financial…

Overdraft Policies Require More Than Compliance With Regulation E

USA - October 18 2017 In the past few years, the Consumer Financial Protection Bureau (“CFPB”) has focused on taking action against multiple financial institutions for…

U.S. Supreme Court Dismisses Writ in Recharacterization of Debt Proceeding

USA - August 17 2017 Late last week, the United States Supreme Court said that it erred when it granted certiorari to resolve a bankruptcy dispute over whether state or…

U.S. Supreme Court Grants Certiorari to Decide Circuit Split on Applicable Law for the Recharacterization of Debt

USA - August 3 2017 The United States Supreme Court will soon decide whether state or federal law will apply to the recharacterization of debt. On June 27, 2017, the…

In Judge Gorsuch’s first opinion, the U.S. Supreme Court rules that an entity that purchases debt and then collects that debt is not a “debt collector.”

USA - June 20 2017 On June 12, 2017, Judge Gorsuch issued his first written opinion since taking the bench on the Supreme Court. In Henson vs. Santander Consumer USA…

U.S. Supreme Court Refuses To Apply FDCPA To Purchasers Of Debt But Leaves Potential Arguments For Applicability Undecided

USA - June 12 2017 The Fair Debt Collection Practices Act (“FDCPA”) authorizes private lawsuits and fines to deter abusive collection efforts by “debt collectors”—a term…