Searching Content by Jeffrey Fink from Thompson Coburn LLP ordered by Published Date Descending.
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Arbitration Provisions In Enrollment Agreements Appear To Be Safe In Light Of Supreme Court Ruling
A recent ruling from the U.S. Supreme Court was lauded by employers for upholding the enforcement of arbitration agreements in employment contracts.
United States
8 Jun 2018
Missouri Cases As To Borrower Notices
Consumer lenders should review their right-to-cure, pre-sale, and post-sale notices to borrowers in light of recent Missouri decisions.
United States
14 Mar 2018
Appellate Court Upholds Creditors' Ability To Charge Interest On Written Off Accounts
On August 29, 2017, the Missouri Court of Appeals rejected a borrower's claim that this practice violates the Fair Debt Collection Practices Act (FDCPA).
United States
7 Sep 2017
Higher Ed Braces For Flood Of Lawsuits Over Retirement Plans
Numerous colleges and universities sponsor retirement plans—both defined benefit (DB) and defined contribution (DC)—to provide retirement income security for their employees.
United States
19 Aug 2016
U.S. Supreme Court Unable To Decide Whether ECOA Protects Spousal Guarantors
As we previously wrote, federal and state courts throughout the country have been divided on whether the Equal Credit Opportunity Act (ECOA) protects the spouse of a borrower...
United States
30 Mar 2016
Mortgage Buyer’s Thin Paper Trail Sufficient To Avoid Summary Judgment In Borrowers’ Favor
Disastrous results can befall a financial institution that buys a mortgage loan but does not obtain or keep adequate documentation related to the purchase.
United States
21 Jan 2014
Lien For Jointly-Owned Property May Be Invalid If Only One Spouse Signs Deed Of Trust
tenancy Fannie Mae Deed of Trust Missouri Court of Appeals Mortgage liens Spouse Lenders
United States
28 Oct 2013
Internal Bank Documents Can Satisfy Written Credit Agreement Requirement Of Missouri Credit Agreement Act
The Missouri Credit Agreement Act, RSMo §§ 432.045 and 432.047, generally bars lawsuits against banks related to agreements to lend money, extend credit, or forebear repayment of money unless the agreements are in writing, provide for the payment of interest or other consideration, and set forth the relevant terms and conditions.
United States
1 May 2013
Ownership Of Chapter 11 Debtors Can’t Be Retained Without Competition And Credit Bidding
Owners of Chapter 11 bankruptcy debtors have long devised schemes to try to hold on to their ownership interests while stiffing the debtors' creditors.
United States
1 May 2013
Consider Litigating Spousal Guaranties In Federal Court To Avoid The Equal Credit Opportunity Act
When a closely-held company applies for a loan, the financial institution typically requires the company’s owner to guaranty the loan.
United States
1 May 2013
Keep Rejected Loan Applicants In The Loop Or Face Possible Punitive Damages
If a bank has approved a loan application but later changes its mind, it should promptly advise the loan applicant; otherwise, the bank may face liability for punitive damages.
United States
18 Apr 2013
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