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Can Banks be Liable for Processing or Underwriting a Loan that a Borrower Cannot Afford?

Jimerson Firm

Oftentimes, individuals or businesses borrow money from a bank or lender, and unfortunately, are unable to pay the loan payments. In this event, the borrower may try to shift the blame of their inability to pay on the bank or lender, by filing a claim for negligent loan processing or underwriting, and/or breach of fiduciary duty.

Banks 98
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New SDNY Decision on Administrative Priority for Executory Contracts

PBWT

11 U.S.C. § ” 11 U.S.C. § ” 11 U.S.C. § It retained Reverse Mortgage Solutions, Inc. (“RMS”), a mortgage servicer, to subservice certain loans, under the terms of three agreements. RMS filed a chapter 11 petition on February 11, 2019. § 503(b); id. §

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District Court Rejects the Narrowing of § 546(e) “Safe Harbor” Provision and Applies Safe Harbor to Privately Held Securities

ABI

1] The safe harbor rule set out in Section 546(e) of Title 11 of the United States Code (the “Bankruptcy Code”) provides, in part, that a trustee may not avoid a transfer made before the commencement of the case in connection with a securities contract, as defined in Section 741(7), made by, to, or for the benefit of a financial institution. [2]

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Personal loan statistics to know for 2023

Credit Corp

As of the second quarter in 2022, Americans owed over $192 billion in personal loans, according to TransUnion ®. If you’re one of the many Americans who took out a personal loan in early 2022, the good news is that interest rates were very low, according to the St.

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Bankruptcy Court May Refrain from Enforcing a Valid Arbitration Clause

ABI

Acis LP”) is a Delaware limited partnership investment adviser and collateralized loan obligation (“CLO”) manager. [4] 5] Acis was named as an alleged debtor in an involuntary petition for relief under chapter 11 of the Bankruptcy Code. [6] 11] See id. 1] In In re Acis Capital Mgmt., 3]. Acis Capital Management, L.P.

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Emerging Trends In FDCPA Litigation Against Community Association Attorneys

FDCPA Defense

1992) (emphasis added, citation and quotation marks omitted) (personal loan from friend used to start software business not a “debt” under the Act: “The [FDCPA] characterizes debts in terms of end uses. [n]either n]either the lender’s motives nor the fashion in which the loan is memorialized are dispositive of the inquiry”).

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For Attorneys Representing Community Associations: A Primer On FDCPA Class Actions And How To Avoid Them

FDCPA Defense

2541, 2551 (2011); Powers v. Countrywide Home Loans, Inc., 2011) (defendant could not be deprived of the right to litigate defenses to each class member’s claim to prove that cars were not leased primarily for “personal, family or household purposes”). Wal-Mart Stores, Inc. Dukes , 131 S. Credit Mgmt. 3d 567, 571-73 (8th Cir.