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Loans

Cozen O'Connor

CFPB Announces Examination of Colleges Extending Private Loans Directly to Students

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The CFPB announced it will begin examining the operations of post-secondary schools, including for-profit colleges, to review their practices in extending private loans directly to students...more

Miles & Stockbridge P.C.

Convenience Fees: Not So Convenient for the Collectors

Why Maryland Collectors of Consumer Debts Need to Be Concerned About Convenience Fees - A recent Fourth Circuit Court of Appeals decision may have sweeping implications across the consumer debt collection industry in...more

Lowenstein Sandler LLP

Risk of Personal Liability Despite Incorporation

Lowenstein Sandler LLP on

One of the fundamental principles of corporate law is that the owners, directors and officers of a corporate entity generally are not personally responsible for the entity’s debts. Without this insulation from personal...more

Dentons

Back to Basics, Continued—Why Is the SBA Denying Finance Companies’ “Eligibility” for PPP Loans?

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For the past several months, we have been seeing consumer finance companies turned down for forgiveness of their PPP Loans based upon the determination of ineligibility for such loans under the Coronavirus Aid, Relief, and...more

Cadwalader, Wickersham & Taft LLP

Be Bold - January 2022 | Issue No. 159 - Four Bold Predictions for 2022

Hitting the year-end deadlines was hard. Your kind words eased that pain like a week’s vacation on a remote island with no wifi. I have saved every single one of those emails, texts and LinkedIn messages and filed them away...more

Blank Rome LLP

Two New York Administrative Law Judges Reject Imposition of Sales Tax Where “Primary Function” is Not an Information Service

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Two recent New York State decisions illustrate the importance of the “primary function” test for determining taxability under the New York State sales tax, in both cases involving the tax on information services. Applying...more

Troutman Pepper

California Judge Dismisses FCRA and CCRAA Complaint

Troutman Pepper on

Recently, a district judge in California granted a defendant’s motion to dismiss in Koeut v. Navient Corp., ruling that the plaintiff failed to specifically allege facts to support an inference that Navient Corporation and...more

Dechert LLP

Prognosticators’ Regret

Dechert LLP on

Just a few weeks back, I penned a sunny and optimistic piece about the growth of the CRE CLO market in 2022 and by implication, the general amicable economic conditions on which the growth of that technology would depend....more

Wiley Rein LLP

Wiley Consumer Protection Download (January 10, 2022)

Wiley Rein LLP on

Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Cadwalader, Wickersham & Taft LLP

And the Beat Goes On - January 2022 | Issue No. 157 - NAV Finance Market Update

Between Omicron, the holidays, and down-to-the-wire end-of-year closings, it was a hectic finish to 2021. But now that the calendar reads 2022, we wanted to reflect this week on the state of the NAV finance market and provide...more

Bradley Arant Boult Cummings LLP

Interplay of the Cares Act's Forbearance Framework and Regulation X's Loss Mitigation Rules

On March 13, 2020, President Donald Trump declared a national emergency in response to the novel coronavirus disease (COVID-19). Shortly thereafter, to assist consumers impacted by the COVID-19 pandemic, Congress passed the...more

Sheppard Mullin Richter & Hampton LLP

CFPB Closes Online Lending Fintech for Violating ECOA and CFPB Consent Order

On December 21, an online lending fintech agreed to a stipulated final judgment with the CFPB to resolve a September 2021 complaint alleging that the company deceived consumers and violated the Equal Credit Opportunity Act...more

Bradley Arant Boult Cummings LLP

Does Bankruptcy Rule 3002.1’s Remedy Provision Apply for Filings with Inaccurate Information?

Federal Rule of Bankruptcy Rule 3002.1 went into effect December 1, 2011. It was implemented to address a perceived problem in “cure and maintain” Chapter 13 cases (cases in which the debtor cures any pre-petition arrearage...more

Manatt, Phelps & Phillips, LLP

Exemption From California Lender Licensing Law for Single Loan About to Expire

An exemption from the California lender licensing law for a person making a single commercial-purpose loan in a rolling 12-month period is about to “sunset” in California, impacting persons who have relied upon the exemption,...more

Bradley Arant Boult Cummings LLP

Government Ramps Up Enforcement Efforts on COVID-19 Relief Fraud

The federal government is substantially ramping up its enforcement of COVID-19-related fraud. In a press release issued yesterday, the United States Secret Service announced the naming of a “National Pandemic Fraud Recovery...more

McGlinchey Stafford

IRS Says No Form 1099-C Required for Certain Student Loan Discharges

McGlinchey Stafford on

Acting to clarify the practical impact of a COVID relief provision enacted earlier this year, the IRS has announced in Notice 2022-1 (Notice) that lenders are not required to, and should not, issue Forms 1099-C when certain...more

Ballard Spahr LLP

California DFPI announces consent order with auto title loan servicer that was subject of “true Lender” investigation

Ballard Spahr LLP on

Last week, the California Department of Financial Protection and Innovation (DFPI) announced that it had entered into a consent order with Wheels Financial Group, LLC d/b/a LoanMart, a California-based company that markets...more

Dechert LLP

The CRE CLO Unleashed

Dechert LLP on

Our fine little CRE CLO business has exploded over the past couple of years, hasn’t it?  Last year, around this time, I recklessly predicted for my friends at Commercial Mortgage Alert that we might hit $30 billion of...more

Shearman & Sterling LLP

The Scope of Article 8 Mandatory Choice-of-Law Rule

Shearman & Sterling LLP on

The scope of the mandatory choice-of-law rule set forth in Uniform Commercial Code (UCC) section 8-110(a)(1), which provides that “the local law of the issuer’s jurisdiction . . . governs . . . the validity of a security,” is...more

Polsinelli

One Rate to Rule Them All: The End of LIBOR & the Future of “Cost of Carry”

Polsinelli on

Effective December 1, 2021, the Loan Syndication and Trading Association (LSTA) has issued a revised suite of loan trading documents modified to replace LIBOR (London Interbank Offered Rate) with SOFR (Secured Overnight...more

Bradley Arant Boult Cummings LLP

The Availability of Sanctions Under Bankruptcy Rule 3002.1 for Noncompliance – the Second Circuit’s Decision in In re Gravel

The Second Circuit’s August 2021 decision in In re Gravel, 6 F. 4th 503, has already received considerable attention and generated much debate over the last few months. Gravel involved the Vermont bankruptcy court’s initial...more

Cadwalader, Wickersham & Taft LLP

ELFFF on the Shelf - December 2021 | Issue No. 155 - December Fund Finance Market Update

The active underlying deal environment comingled with the December 31st LIBOR transition deadline combined to make November the busiest month in the history of Cadwalader Fund Finance. We have no doubt that’s been the case...more

Troutman Pepper

The Sixth Circuit Confirms Plaintiff’s Standing Based on an Alleged Denial of a Loan in Violation of the FCRA and ECOA

Troutman Pepper on

In Fillinger v. Third Fed. Sav. & Loan Ass’n, No. 21-3088 (6th Cir. 2021), the Sixth Circuit held that an alleged denial of a loan is a sufficient injury to confer standing under Article III of the Constitution....more

White & Case LLP

Lenders zero in on the fine print as ESG issuance surges

White & Case LLP on

The rise in sustainability-linked debt issuance observed in 2021 has shown little sign of slowing down as borrowers continue to focus on improving environmental, social and governance (ESG) performance in response to investor...more

White & Case LLP

Term SOFR: a non-US market perspective

White & Case LLP on

The hard deadline for stopping new use of USD LIBOR following 31 December 2021 is rapidly approaching. Latest market practice as at end November 2021 suggests that some loan market participants are (at last) now contracting...more

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