News & Analysis as of

True Lender Debt Buyers

Dechert LLP

Federal Regulators to the Rescue? The OCC Adopts Rule to Address Madden Risk

Dechert LLP on

In an effort to address the uncertainty created by the U.S. Second Circuit Court of Appeal’s holding in Madden v. Midland Funding, on May 29, 2020, the Office of the Comptroller of the Currency (OCC) adopted a final rule...more

Mayer Brown

The OCC Finalizes “Madden Fix” Regulation, Codifying the “Valid-when-Made” Doctrine as Applicable to Loans Made by National Banks...

Mayer Brown on

On Friday, the United States Office of the Comptroller of the Currency (“OCC”) finalized a regulation regarding the “Permissible Interest on Loans that are Sold, Assigned, or Otherwise Transferred” by national banks and...more

Ballard Spahr LLP

A response to Professor Levitin in defense of the OCC/FDIC amicus brief criticizing the Madden decision

Ballard Spahr LLP on

I don’t understand why Professor Levitin is attacking the OCC and FDIC for filing an amicus brief in an “obscure small business bankruptcy case to which a bank was not even a party.”  The brief was an exceptional piece of...more

Ballard Spahr LLP

Parties seek preliminary approval of class action settlement in Madden case

Ballard Spahr LLP on

The parties in Madden v. Midland Funding, LLC. have filed a joint motion with the New York federal district court seeking preliminary approval of a class settlement....more

Ballard Spahr LLP

State AGs urge Senators to reject bills addressing Madden and “true lender”

Ballard Spahr LLP on

A group of 21 state attorneys general have sent a letter to the Senate majority and minority leaders as well as to the chairman and ranking member of the Senate Banking Committee urging them to reject H.R. 3299 (“Protecting...more

Smith Debnam Narron Drake Saintsing & Myers,...

Madden Fix Bill Passes House, Faces Uncertain Fate In Senate

The United States House of Representatives passed H.R. 3299, commonly known as the “Madden fix” bill, by a vote of 245-171 on February 14, 2018. The bill, which is officially entitled “Protecting Consumers’ Access to Credit...more

Ballard Spahr LLP

House passes “Madden fix” bill

Ballard Spahr LLP on

By a vote of 245-171, the House passed H.R. 3299, the “Madden fix” bill (whose official title is the “Protecting Consumers’ Access to Credit Act of 2017.”) In Madden, the Second Circuit ruled that a nonbank that purchases...more

Ballard Spahr LLP

Acting Comptroller Noreika comments on Madden “fix,” other OCC initiatives

Ballard Spahr LLP on

In Madden, the Second Circuit ruled that a nonbank that purchases loans from a national bank could not charge the same rate of interest on the loan that Section 85 of the National Bank Act allows the national bank to charge. ...more

Ballard Spahr LLP

Senate bill introduced to override Madden decision

Ballard Spahr LLP on

Democratic Senator Mark Warner has introduced a bill, S.1642, that would override the Second Circuit’s decision in Madden v. Midland Funding. (In Madden, the Second Circuit ruled that a nonbank that purchases loans from a...more

9 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide