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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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Students Must Show Persistent Financial Difficulties to Discharge Student Loans

ABI

In general, student loan debt is not dischargeable in a case under title 11 of the United States Code (the “Bankruptcy Code”) unless there is a showing of undue hardship. A court will typically consider a debtor’s potential for future employment in determining whether student loan debt may be discharged.

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Debts Based on Fraudulent Misrepresentations of Fact may not be Discharged

ABI

John's University School of Law American Bankruptcy Institute Law Review Staff Under title 11 of the United States Code (the “Bankruptcy Code”), a debtor may be discharged of his or her debts. [1] 5] On July 23, 2014, Jonathan Mover (“Mover”) initially loaned $150,000 to Jaurigui and Swing House. [6] 18] [1] See 11 U.S.C.A. §

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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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To Be or Not to Be: The Definition of a Mortgage Servicer Comes Under Scrutiny

Consumer Financial Services Law

For purposes of RESPA, is there a difference to be had between “servicing” a loan and being a “servicer”? 9:16-cv-80347, 2016 U.S. Under RESPA, the “servicer” is the person responsible for servicing the loan. The question was recently addressed by a district court from Florida. Select Portfolio Servicing, No. LEXIS 140571 (S.D.

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Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter

Troutman Sanders

Small Business Administration, in consultation with the Treasury Department, released an updated loan forgiveness application for Paycheck Protection Program (PPP) loans of $50,000 or less. Small Business Administration (SBA) released guidance on required procedures for changes of ownership in an entity that obtained a PPP loan.

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Analysis: Money market woes cast shadow over $1.6 trln UK commercial property sector

Collection Industry News

in September, the largest monthly decline since July 2016, the month after Britain voted to leave the European Union. “Given the likely number of those impacted, and the level at which rates are projected to rise, lenders may be forced to agree covenant waivers in an attempt to stabilise loan books,” he told Reuters.

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