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Federal Court Grants Summary Judgment Holding Reporting of Loan During COVID-19 Forbearance as Accurate

Troutman Sanders

In December 2021, a federal judge granted a motion for summary judgment in Mitchell v. Specialized Loan Servicing LLC , holding that defendant Specialized Loan Servicing LLC (Specialized Loan) properly reported plaintiff Eric Mitchell’s (Mitchell) loan status by using a designation indicating “no payment history available this month.”

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Why Do Merchant Cash Advance Companies Record Judgments In NY?

FFGN COLLECT NY

Since the documents anticipate a default in payment by the buyer, why then do merchant cash advance companies record judgments in New York? Due to abuse, New York outlawed the practice of allowing confessions of judgments executed outside of New York to be filed within the state.

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Can a NY Judgment Creditor Garnish PPP or Other CARES Act Funds?

FFGN COLLECT NY

Is garnishing PPP or CARES Act funds an option for satisfying outstanding monies owed to judgment creditors? Although New York has liberal laws on judgment enforcement, CPLR Sect 5222-a provides a laundry list of funds exempt from creditors’ reach. The post Can a NY Judgment Creditor Garnish PPP or Other CARES Act Funds?

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Bankruptcy Court Denies Section 546(e) Safe Harbor Protection in Fraudulent Transfer Action

PBWT

a financial institution [or] a transfer made by or to (or for the benefit of) a. financial institution. In 2015, Defendants brought a motion for summary judgment under section 546(e), arguing that the transfers were protected by the safe harbor. The court thus granted the motion for summary judgment.

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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

Small Business Administration (SBA) began implementing additional policies aimed at expanding small business access to capital by modernizing SBA’s signature 7(a) and 504 loan programs. The court issued this judgment in connection with the civil enforcement action filed by the CFPB in 2019. For more information, click here.

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FTC Fines Bankrupt Crypto Services Provider Celsius $4.7B for Misrepresentations; Regulatory Agency Remains in Search for Civil Money Penalty Authority

Troutman Sanders

Interestingly, the FTC also alleged that Celsius violated the GLBA by making false representations to customers of financial institutions to obtain, among other things, the cryptocurrency wallet addresses of its customers. Further, the stipulated consent order holds Celsius liable for a $4.72

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How to Check Your Credit Report for Identity theft

Credit Corp

Unauthorized credit card charges, bogus loan applications, missing money, and other financial violations make fraud a major nightmare. Tip: Sometimes, the name of a financial institution doesn’t precisely match the name of the company checking your credit. Credit scores change over time.