Nov 14, 2024 | 2024, Banking, Creditors’ Rights & Bankruptcy, Financial Services
By Erich Paetsch, Creditor’s Rights & Bankruptcy Attorney Understanding Exemptions A debtor uses exemptions to protect certain assets or equity in those assets from the claims of creditors. A debtor may only use exemptions to shield assets from the claims of...
Mar 26, 2024 | 2024, Banking, Creditors’ Rights & Bankruptcy, Financial Services
By Erich Paetsch, Chair, Financial Services Industry Group On June 25, 1984, the United States Supreme Court issued one of the most frequently cited and commonly referenced opinions in its history. Unlike some judicial opinions, Chevron v. Natural Resources Defense...
Mar 13, 2024 | 2024, Banking, Business & Taxation, Creditors’ Rights & Bankruptcy
By Matthew K. Stevenson – Attorney, Business Law & Taxation Law Practice Group On March 1, 2024, the United States District Court for the Northern District of Alabama ruled that the Corporate Transparency Act (the “CTA”) is unconstitutional. The court found that...
Nov 10, 2023 | 2023, Banking, Creditors’ Rights & Bankruptcy, Financial Services
By Erich Paetsch, Chair, Financial Services Industry Group At the start of the Great Recession, the Federal Financial Institution Examination Counsel agencies (“FFEIC”) adopted a Policy Statement on Prudent Commercial Real Estate Loan Workouts (“2009 Statement”). The...
Sep 27, 2022 | 2022, Banking, COVID-19, Creditors’ Rights & Bankruptcy, Financial Services, Food for thought, Lawyers, News
by Erich Paetsch, Chair, Financial Services Industry Group A common requirement of financing and contractual agreements is a guaranty. The reasons to include one are numerous. For example, when multiple entities are involved or a lender would prefer a strong personal...
Aug 4, 2022 | 2022, Banking, COVID-19, Creditors’ Rights & Bankruptcy, Financial Services, Food for thought, Lawyers, News
by Erich Paetsch, Chair, Financial Services Industry Group A common theme expressed in the financial services industry is concern over the scope, extent and burden of regulatory action. The so called “administrative state” is a critical actor interpreting,...
