by Melissa Smith | 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...
by Andrea Goicochea | 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...
by Andrea Goicochea | 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...
by Andrea Goicochea | 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...
by Andrea Goicochea | 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,...
by Andrea Goicochea | Jun 21, 2022 | 2022, Banking, COVID-19, Credit, Creditors’ Rights & Bankruptcy, Financial Services, Food for thought, Lawyers, News
by Erich Paetsch, Chair, Financial Services Industry Group Recently, the Ninth Circuit Court of Appeals in Gross v. CitiMortgage considered the extent to which financial institutions furnishing consumer credit information to reporting agencies must investigate...
