by Robert J. Saalfeld | 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...
by Robert J. Saalfeld | 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...
by Robert J. Saalfeld | 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...
by Robert J. Saalfeld | Mar 28, 2014 | Business & Taxation, Health Law, News
Today, the U.S. Department of Health and Human Services (HHS) released a new security risk assessment (SRA) tool to help health care providers in small to medium sized offices conduct HIPAA Security Rule risk assessments. Conducting a security risk assessment is a key...
by Robert J. Saalfeld | Mar 27, 2014 | Business & Taxation, Employee Benefits & Executive Compensation, News
The IRS will soon be changing the rules that regulate how often you can take tax-free rollovers out of your IRA. Tax-free rollovers are distributions from an IRA that are payable to the account owner, but which are re-deposited into the IRA (or into another IRA)...
by Robert J. Saalfeld | 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...