Nov 25, 2014 | Banking, Creditors’ Rights & Bankruptcy, Financial Services, Litigation, News, Real Property & Land Use
Financial Services clients are in for a surprise if they read In Re Watt from the US Bankruptcy Court for the District of Oregon stating that, without consent, banks own property surrendered in bankruptcy. The court wrote that USC 1322(b)(9) does not restrict a court...
Sep 24, 2014 | Banking, Business & Taxation, Construction, Real Property & Land Use, Winery/Vineyard/Brewery
by Mark Shipman Crowdfunding as a potential source of financing for real property development in Oregon has been a hot topic lately. A lot has been written about different real estate projects in Oregon, and the greater Northwest and various developers’ reliance, in...
May 9, 2014 | Banking, Business & Taxation, Creditors’ Rights & Bankruptcy, Lawyers, Litigation, News
The 9th Circuit Bankruptcy Appellate Panel (BAP) recently issued an opinion in which it emphasized the importance for lenders to complete the due diligence process on loan guarantors. In Kelly v. Merrill (In re Merrill), the BAP affirmed a bankruptcy court ruling that...
Apr 25, 2014 | Banking, Business & Taxation, Creditors’ Rights & Bankruptcy, Financial Services, Lawyers, Litigation, News
The Oregon Court of Appeals recently affirmed that a secured creditor can choose their remedy, such as a forbearance agreement, without waiving their right to priority in the borrower’s collateral. In Davis v. F.W. Financial Services, a lender extended credit to an...
Apr 7, 2014 | Banking, Business & Taxation, Company, Construction, Litigation, News
The Oregon Court of Appeals recently affirmed that when there is a mistake in a deed transferring real property from one party to another, the contract between the two parties, and not the deed, should be used to determine what is actually transferred. In Frontgate...
Feb 24, 2014 | Banking, Business & Taxation, Creditors’ Rights & Bankruptcy, Financial Services, News
In 2013, the Legislature adopted changes to the Oregon Bank Act (ORS chapters 706 to 716) which requires the Director of the Department of Consumer and Business Services to set the frequency of board meetings by rule. The proposed rulemaking activity sets the minimum...
