Last month, the United States Supreme Court issued its ruling in Bank of America v. Caulkett — a case deciding whether homeowners can avoid underwater second mortgages through Chapter 7 bankruptcy proceedings. The Court ultimately determined that a Chapter 7 debtor may not void a junior mortgage even when the […]
Banking Update
FDIC Proposes Assessment Changes for Community Banks
In another sign that the 2008 financial crisis is fading into memory, the Federal Deposit Insurance Corporation (FDIC) has proposed changes likely to reduce deposit insurance premiums for most community banks. The FDIC’s proposal would revise the factors used to determine deposit insurance assessments so that banks with less than […]
CFPB Announces Extension for TRID Implementation
After hinting for several months that a delayed effective date may be in the works, the Consumer Financial Protection Bureau (CFPB) announced in late June that it will delay the effective date of the TILA-RESPA Integrated Disclosure rule, also known as “TRID.” In a cryptic announcement accompanying the CFPB’s proposal […]
Prepaid Industry Offers Commonsense Solutions to the Biggest Issues Created by the CFPB’s Proposed Rule
This article appeared in the Spring 2015 Issue of Pay Magazine, the leading trade publication covering prepaid, mobile and emerging payments issues. In the months following the CFPB’s release of its notice of proposed rulemaking on prepaid accounts , prepaid card industry participants spent countless hours analyzing the sizeable challenges […]
Legal Issues as Community Banks Embrace Subdebt
Subordinated debt instruments are making a comeback, with private offerings and pooled investments gaining favor among a number of bankers in the Midwest. As bankers consider whether subordinated debt is the right way to boost their balance sheets, there are at least three major legal issues to consider before making […]