by Jeremy Rickson | Feb 17, 2015 | Banking, Creditors’ Rights & Bankruptcy, Financial Services, Litigation, News
For Lenders who maintain perfected security interests in collateral and their counsel, the Second Circuit’s recent decision In Re Motors Liquidation Company, et al. will go down in history as a middle of the night sweat inducing source of anxiety. The characters and...
by Jeremy Rickson | Jan 13, 2015 | Banking, Creditors’ Rights & Bankruptcy, Financial Services, Litigation, News
The Washington Supreme Court’s recent decision in Washington Federal vs. Harvey confirmed what was believed true: guarantors of commercial loans may be liable for a deficiency after non-judicial foreclosure of a trust deed. Lenders are often faced with Collateral...
by Jeremy Rickson | Jan 13, 2015 | Banking, Creditors’ Rights & Bankruptcy, Financial Services, Litigation, News
Proposed CFPB Rule Changes: Clarifications, Additional Requirements, and where Small Loan Servicers Fit The Consumer Finance Protection Bureau (“the Bureau”) has proposed new regulations to clarify a number of issues that the Bureau felt remain unresolved under...
by Jeremy Rickson | Dec 8, 2014 | Banking, Creditors’ Rights & Bankruptcy, Financial Services, News, Real Property & Land Use
In Lyons v. US Bank and NWTS, the Washington State Supreme Court found that a trustee can be liable for damages suffered by a debtor under the Consumer Protection Act even without a property having reached sale. The title of trustee is one that should be borne with...
by Jeremy Rickson | 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...
