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Bankruptcy & Banking Law


Date
Title
February 24, 2010 Kentucky Court of Appeals Corrects Misinterpretation of Regulation Governing Fees for Cancelled Foreclosure Sales
  
February 11, 2010 Indiana Court of Appeals Rules that Six-Year Statute of Limitations for Unwritten Contracts Applies to Credit Card Debt Collection Actions
  
February 8, 2010 What Is Enough Knowledge To File A Proof Of Claim
  
February 3, 2010 Noting the Notary Provisions
  
February 3, 2010 Four More are Sentenced for their Roles in Extensive Mortgage Fraud Scheme
  
February 3, 2010 The Seventh Circuit Rules the Application of Indiana’s Uniform Consumer Credit Code to an Illinois Lending Company Violates the Commerce Clause
  
January 28, 2010 Homeowners Challenge Mortgage Electronic Registration Systems (MERS) Ability To Enforce The Mortgages It Administers
  
January 11, 2010 Sixth Circuit Bankruptcy Appellate Panel Affirms Bankruptcy Court Ruling Denying Avoidance of Mortgage by Chapter 7 Trustee in In re Roberts
  
January 4, 2010 Indiana District Court Holds Amendment To Indiana Recording Statute To Be Retroactive
  
January 4, 2010 Anticipating Change: How Financial Reform Will Affect Your Community Bank
  
December 28, 2009 Bankruptcy Court Voids Restrictions On Transfers Of Shares And Partnership Interests
  
December 22, 2009 Sixth Circuit Reaffirms Discretion Of Bankruptcy Court In Considering Informal Proof of Claim
  
December 7, 2009 Ohio Supreme Court Denies Claim Against Third-Party Insurer Arising From Assignment of Prospective Settlement Proceeds
  
December 2, 2009 Federal Reserve Board Announces Final Rules on Overdraft Fees for ATM and Debit Card Transactions
  
November 30, 2009 The Sixth Circuit Court of Appeals Clarifies Fee Application Approval Under Sections 327, 328 and 330 of the Bankruptcy Code
  
November 24, 2009 It Is All In The Details!
  
November 19, 2009 Mortgage Lenders Beware: Kentucky Court of Appeals Refuses to Apply Equitable Subrogation in the Absence of Diligence
  
November 10, 2009 Title Abstracter Owes Duty to Non-Clients
  
November 3, 2009 Reg CC – It’s A Small World After All
  
November 3, 2009 Protection For A Lender Under The "Bona Fide Mortgagee" Doctrine In Ohio May Not Extend To Probate Irregularities
  
October 20, 2009 Kentucky Law Places Burden of Proof on Debtor Suing Creditor for Commercially Unreasonable Sale
  
October 12, 2009 Alexander v. Wells Fargo Financial Ohio 1, Inc.
  
October 5, 2009 Bank and Judgment Creditor Slug it Out Over Priority Interest in Bank Account
  
September 21, 2009 Seventh Circuit Finds Ambiguity in Promissory Note Where Plain Language of Note Creates Commercially Unreasonable Result
  
September 21, 2009 Ohio Supreme Court Affirms Denial of Property Owner’s Regulatory-Takings Claim
  
September 7, 2009 Destiny, Karma, and Other Things That Come Back to Haunt
  
September 15, 2009 Better Pleading of Voidable Transfer Claims is Coming
  
August 19, 2009 Kentucky Supreme Court Rules that Federal Bankruptcy Exemption Scheme is not Available to Non-Bankruptcy Debtors in Kentucky
  
August 19, 2009 Ninth Circuit Holds that the Fair Debt Collection Practices Act Does Not Authorize an Award of Attorneys' Fees Against Plaintiff's Lawyers
  
August 12, 2009 Sixth Circuit Court of Appeals Rules That Section 546(e) of the Bankruptcy Code Extends to Transactions Involving Privately Held Securities
  
August 11, 2009 Seventh Circuit Determines Future Financial Situation of Debtor Should Be Considered In Bankruptcy Plan
  
August 10, 2009 Defaulting Borrowers Must Pay Lender’s Reasonable Attorney’s Fees as Condition for Terminating Foreclosure Proceedings and Reinstating Loan
  
August 10, 2009 Sixth Circuit Court of Appeals Upholds Denial of Discharge of Debt Owed to Subcontractor by Bankrupt Officer of General Contractor Under Bankruptcy Code Section 524(a)(4)
  
July 30, 2009 Indiana’s Court of Appeals Addresses Right to Refuse Cashier’s Check
  
July 21, 2009 Statute of Limitation for Trustee’s Begins when Beneficiary Knew or Should have Known of Alleged Conduct
  
July 21, 2009 Certain Technical Deficiencies Under Truth In Lending Act No Longer Fatal
  
July 8, 2009 National Banks Subject to State Laws
  
July 2, 2009 Who Owns That Real Property?
  
June 23, 2009 What Is Your Preference?
  
June 23, 2009 Sixth Circuit Affirms Cramdown of Secured Interest in Mobile Home
  
June 23, 2009 New Indiana Law Requires "Motor Vehicles Repossession Agent" to Furnish Sheriff With Certain Information in Connection With Repossession of a Motor Vehicle or Watercraft
  
June 23, 2009 Indiana Court of Appeals Denies Recovery of Excessive Interest to Payday Lender
  
June 23, 2009 FAQ: FDIC new sweep disclosure Final Rule
  
June 1, 2009 Bankruptcy Court Rules Indiana's Wage Garnishment Statute Affords Debtors With Limited Exemption
  
June 1, 2009 Bankruptcy Court Denies Debtor’s Objection to Claim Transferee’s Claim
  
May 22, 2009 Senate Rejects Home Mortgage Modifications
  
May 11, 2009 New Federal Mortgage Fraud Legislation Passed by Congress
  
May 11, 2009 Stress Tests Results Are Released – 19 Largest Bank Holding Companies are Told How Much Cash They May Need to Raise
  
April 27, 2009 Ohio Supreme Court Allows for Recovery of Attorneys Fees Upon Mortgage Reinstatement
  
April 27, 2009 Indiana Court of Appeals Holds Common Law Limits Interest Rates on Payday Loans
  
April 22, 2009 Bank (But Not Its Officer) May Be Liable For Tortious Interference In Causing Termination Of Contract To Repair Damaged Property
  
April 17, 2009 TARP Comp Limits Bill Passes House, Awaits Senate Action
  
April 13, 2009 Trustee Of Revocable Living Trust Must Disclose Change Of Beneficiaries At Least When Evidence of Undue Influence Exists
  
April 8, 2009 Banks Should Include In Guarantee Documents An Advance Consent To Changes In Loan Terms
  
April 6, 2009 Bank-to-Bank Transfer Within Preference Period is Voidable by Trustee
  
March 30, 2009 President Obama Asks For GM’s Shakeup and Issues Chrysler An Ultimatum
  
March 30, 2009 Plan Confirmation Denied When Only “NO” Vote Came From An Oversecured Creditor
  
March 30, 2009 Secured Creditor/The IRS/Nondischargeability
  
March 23, 2009 Recent Decision Reinforces the Importance of an Accurate UCC Financing Statement
  
March 20, 2009 TARP and Bank Directors and Officer Liability
  
March 16, 2009 The Fourth Circuit Court of Appeals Reverses Bankruptcy Court’s Decision Which Narrowly Defined "Commodity Forward Agreement"
  
February 23, 2009 Ohio Courts Continue To Extend Doctrine Of Economic Loss To Eliminate Negligence Claims Against Property Appraisers
  
February 20, 2009 Stimulus Act - Great News for Bonds
  
February 20, 2009 RDC, NACHA and Reg H
  
February 11, 2009 Kentucky Circuit Court Refuses to Enforce Mortgage Securing Line of Credit
  
February 2, 2009 Ohio Court Dismisses Claim by Ohio Lender Against Nonresident Borrower For Lack of Personal Jurisdiction
  
February 2, 2009 Cincinnati City Council Proposes a Six-Month Foreclosure Moratorium in Ohio
  
January 26, 2009 AmTrust sells five Columbus branches to WesBanco
  
January 20, 2009 CLOSING PROTECTION LETTERS-Do I really need one?
  
January 13, 2009 Bank’s Assignment of Note Removes Liability for Release of Lien
  
January 12, 2009 Citigroup, Inc. and Top Democrats Reach Mortgage Deal
  
January 5, 2009 Sixth Circuit Court of Appeals Holds That Date of Chapter 7 Filing Begins Four-Year Bar on Chapter 13 Discharge
  
January 2, 2009 Sixth Circuit Holds State Court Judgment on Debt Previously Discharged in Bankruptcy Void Ab Initio
  
December 22, 2008 A Warning to Trustees of Mortgage Backed Securities
  
December 22, 2008 Ponzi Schemes- Could You Be A Victim?
  
December 18, 2008 Bankruptcy Appellate Panel of the Sixth Circuit Rules Payment of Delinquent Trust Fund Taxes May Be Nondischargeable Under 11 U.S.C. § 523(a)(6)
  
December 12, 2008 Fear and Loathing in the World of Small Account Collections
  
December 12, 2008 Lawyers Protected To Give Pre-Bankruptcy Advice To Incur Additional Debt, But Do Not Enjoy A First Amendment Right To Avoid Disclosures In Bankruptcy Advertising
  
December 12, 2008 Kentucky Court of Appeals Invalidates Community-Based and Geographic-Based Charters for State Credit Unions
  
December 8, 2008 Court of Appeals of Kentucky Issues Cautionary Statement To Purchasers of Debt Evidenced By Promissory Notes
  
December 3, 2008 Recent Developments Regarding Treatment of Negative Equity Financing in Chapter 13 Bankruptcy Cases after Enactment of BAPCPA
  
November 19, 2008 Ohio Supreme Court Clarifies Application of Amendment to Postjudgment Interest Statute
  
November 12, 2008 Protecting Your “Documentation Fees”
  
November 12, 2008 Where’s My Refund?
  
October 31, 2008 To Pre-Empt Or Not to Pre-Empt, That Is The Question
  
October 21, 2008 Ohio Bankruptcy Court Permits Application of New Hampshire Homestead Exemption to Ohio Residence
  
October 15, 2008 U.S. Financial Accounting Standards Board "Clarifies" SEC's Position on Mark-to-Market Accounting Rules
  
October 6, 2008 "Just Like Cash, But Better"
  
October 3, 2008 Fannie/Freddie Bailout Dooms Some Community Banks
  
September 29, 2008 Independent Agents Of A Federal Savings Association Are Not Subject To Licensing And Regulation By Ohio
  
September 29, 2008 Sixth Circuit Holds that FDCPA’s Bona Fide Error Defense Applies to Legal Errors
  
September 23, 2008 Federal Preemption Doctrine Precludes Ohio Supt. of Financial Institution Regulation of Exclusive Banking Agents
  
September 23, 2008 Eighth Circuit Holds Provision of BAPCPA Unconstitutional
  
September 18, 2008 Failure to Report a Consumer’s Dispute of a Debt May Lead to Liability Under the Fair Credit Reporting Act
  
September 9, 2008 New Ohio Law Revises Procedures for Foreclosures and Judicial Sales
  
September 9, 2008 Sixth Circuit Rules Ohio Mortgage Broker Act Preempted by Office of Thrift Supervision - For Now
  
September 3, 2008 Sixth Circuit clarifies banks have flexibility in ATM fee notices
  
August 26, 2008 The Scope of FDIC Coverage
  
August 25, 2008 Sixth Circuit Allows a Vendor’s Priority on Its Reclamation Claim to Survive The Sale of Secured Goods Subject to Reclamation
  
August 25, 2008 FHLB Letters of Credit
  
August 19, 2008 Default Judgment and Collateral Estoppel, Check Your State
  
August 12, 2008 Attorney in Fact - or Fiction?
  
August 5, 2008 Sixth Circuit Rules against Late-Perfecting Secured Creditor in Bankruptcy Proceeding
  
July 29, 2008 Proposed Changes to Kentucky's Subpoena Rules May Save Financial Institutions Money and Time
  
July 22, 2008 A “Free and Clear” Sale Order Does Not Necessarily Extinquish Defenses
  
July 22, 2008 Sixth Circuit Upholds Means Test for Bankruptcy Filers
  
July 18, 2008 New York Senate Bill S08143-A
  
July 11, 2008 Collecting on Judgments – Misconception Regarding Garnishment of Joint Bank Accounts in Kentucky
  
July 1, 2008 Bank Allowed To Pursue Claims Against Bank's Accounting/Audit Firm for Borrowers' Default and Losses
  
July 1, 2008 The Automatic Stay Applies to Property You Own
  
June 10, 2008 Sixth Circuit Allows Claim for Future Rent Damages Arising from a Bankrupt Lessee's Rejection of a Lease for Personal Property
  
May 29, 2008 Massachusetts Bankruptcy Judge Sanctions Mortgage Company, Servicing Agent, Two Law Firms and Named Partner Under R. 9011.
  
May 13, 2008 Delaware Bankruptcy Court Addresses Deepening Insolvency Claims
  
April 17, 2008 Good News for Banks and Insurance Professionals Courts Are Eliminating Negligence claims for Economic Losses
  
April 15, 2008 Sixth Circuit Court of Appeals Rules in Favor of Creditors Regarding Deficiency Claims in Chapter 13 Cases
  
April 15, 2008 Revenge In A Foreclosure Comes With A Price
  
April 1, 2008 SEC Proposes To Expand Privacy Regulations
  
March 31, 2008 Bankruptcy Court Reviews Notary Requirements for Mortgage and Finds Mortgage Invalid
  
February 25, 2008 Dice v. White Family Cos.: A Course in the Meaning of "Holders in Due Course"
  
February 19, 2008 For Purposes of Determining Avoidability of a Preference Under the Bankruptcy Code, Timing of Perfection of Security Interest is Determined by Federal, and Not State, Law
  
February 13, 2008 Our Fidelity Bond Uses the Term “Manifest Intent.” What does that mean?
  
January 14, 2008 Changes To The Bankruptcy Code Proposed To Deal With The Subprime Mortgage Meltdown



Date
Title
January 28, 2008 Court Confirms that Defective Notary Acknowledgments, if facially valid, are Immune from Attack in Kentucky Except in Very Narrow Circumstances
  
December 5, 2007 Recent Amendment to the Federal Rules of Bankruptcy Procedure Benefits Creditors Seeking Chapter 11 Claims
  
March 27, 2007 Supreme Court Declares Bankruptcy Does Not Bar Recovery of Attorneys Fees
  
October 2006 The Role of Intangibles in Bankruptcy
  
April 2005 New Landmark Bankruptcy Legislation
  
June 18, 2008 The United States Supreme Court Enters Ruling in Favor of State Tax Officials Regarding Transfer Taxes in Bankruptcy Case of Piccadilly Cafeterias, Inc.



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