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1
Fifth Circuit Adopts Flexible Approach To Collateral Valuation In Cramdown Chapter 11 Cases
In In re Houston Regional Sports Network, L.P., 886 F.3d 523 (5th Cir. 2018), the U.S. Court of Appeals for the Fifth Circuit held that bankruptcy courts have flexibility in selecting the date on which to value collateral.
United States
12 Oct 2018
2
The Department Of The Treasury Issues Recommendations On The Regulation Of U.S. Depository Institutions
The President issued Executive Order 13772 "Core Principles for Regulating the United States Financial System" ("Core Principles")[1] on February 3, 2017.
United States
5 Jul 2017
3
PHH v. Consumer Financial Protection Bureau: What It Means For Current And Future CFPB Enforcement
The court addressed the Bureau's reading of RESPA. The court also ruled on PHH's arguments concerning the constitutionality of the CFPB's structure and the applicability of limitations periods to CFPB administrative enforcement actions.
United States
24 Oct 2016
4
Y2K Or Reverse Big Bang?
The prospect of financial services firms relocating significant parts of their businesses to other cities in Europe has wide-ranging implications.
European Union
2 Aug 2016
5
Second Circuit Rejects Government's Theory Of Fraud In Major FIRREA Case
On May 23, 2016, the U.S. Court of Appeals for the Second Circuit reversed a nearly $1.3 billion civil penalty imposed against Countrywide Home Loans, Inc. and related defendants under FIRREA.
United States
5 Jul 2016
6
Italian Government Enacts Further Measures To Boost Italian Lending Market
During the last two years, the Italian government has focused on reforming the Italian lending market, with the aim of boosting access to financing for Italian businesses and improving bankruptcy and enforcement proceedings in Italy.
Italy
12 May 2016
7
International Remedies For Foreign Investors In Croatia And Poland: Mortgage And Consumer Loan Conversion Legislation
As a result of new mortgage and consumer loan conversion legislation in Croatia and Poland, foreign investors in the financial sectors of those countries may soon suffer substantial losses.
Worldwide
29 Oct 2015
8
Spain Passes New Securitization Act
Until the approval of Act 5/2015, the regulation of securitization vehicles in Spain was dispersed across various regulations at different levels.
Spain
15 Jun 2015
9
State Regulators Propose New Prudential Standards For Nonbank Mortgage Servicers
A large, complex nonbank servicer would be expected to maintain capital standards commensurate with its overall risk profile.
United States
8 Apr 2015
10
NIFA Solicits Nominations For Veterinary Medicine Loan Repayment Program
The notice initiates a 60-day nomination period for fiscal year 2015 and describes the procedures and criteria by which regions may nominate veterinary shortage situations.
United States
17 Dec 2014
11
Government's Annual Certification Claims Under The FCA Take A Hit In Federal Court In California In A Case Involving Individual Liability
In a recent decision, United States v. Reunion Mortgage, Inc., David Thayer and Kent Harvey, Case No. 13-02340 SBA, a federal court rejected annual certification claims, a backbone of the Department of Justice's mortgage fraud practice in recent years, in a case involving individual liability.
United States
15 Nov 2013
12
Consumer Financial Protection Bureau Will Scrutinize Consumer Protection During Mortgage Servicing Transfers
The Consumer Financial Protection Bureau recently issued Bulletin 2013-01, which provides guidance to mortgage servicers on the CFPB's expectations concerning mortgage servicing transfers.
United States
21 Feb 2013
13
The UK Loan Market Association's Pre-Export Finance Facility Agreement
On 20 September 2012, the Loan Market Association issued its recommended form of facility agreement for pre-export finance transactions.
United States
14 Nov 2012
14
Two Recent Cases Test Legality Of Consent Payments And Exit Consents Under English Law
The ongoing global financial crisis has resulted in a number of debt restructuring transactions as a result of companies being unable to meet with their debt obligations.
UK
18 Sep 2012
15
Demand Bonds: In The UK, Less Is More
A recent case has opened a debate as to the drafting required to create a demand bond as opposed to a guarantee.
United States
27 Jul 2012
16
They Can't Do That, Can They? Constitutional Limitations On The Seizure Of Underwater Mortgages
This "Commentary" discusses a proposal whereby state and local governments use their eminent domain power to "condemn" underwater mortgages.
United States
9 Jul 2012
17
30-Year Treasury Bonds Not "Indubitable Equivalent" Of Electing Secured Creditor’s Mortgage Lien
In In re River East Plaza, LLC, 669 F.3d 826 (7th Cir. 2012), the Seventh Circuit Court of Appeals affirmed a bankruptcy court’s ruling that a debtor could not "cram down" a chap¬ter 11 plan over the objection of an undersecured creditor which had made a section 1111(b) election by substituting a lien on 30-year U.S.
United States
27 Jun 2012
18
SEC Staff To Review Foreign Private Issuer Reporting System
At a recent conference in London, Meredith Cross, the director of the SEC Division of Corporation Finance, announced that the SEC will be undertaking a full review of the foreign private issuer reporting system under the U.S. Securities Exchange Act of 1934.
United States
15 Mar 2012
19
FSA's Fine Of David Einhorn And Greenlight Capital For Insider Trading Violation
On January 12, 2012, the United Kingdom's Financial Services Authority levied a fine on David Einhorn and his hedge fund, Greenlight Capital, Inc., in the total amount of £7,288,795 (approximately $11.6 million) in civil penalties for trading on inside information.
United States
7 Mar 2012
20
Delaware Court Of Chancery Awards $1.263 Billion In Damages For Controlling Stockholder Transaction Found To Be Unfair
On October 14, 2011, Chancellor Leo Strine of the Delaware Court of Chancery awarded $1.263 billion to Southern Peru Copper Corp. ("Southern Peru") following trial of a derivative lawsuit against a controlling stockholder of Southern Peru and certain of its affiliates who served as directors of Southern Peru.
United States
21 Nov 2011
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