The U.S. Court of Appeals for the Ninth Circuit has ruled that a Chapter 20 debtor who is ineligible for a discharge may still void a lien if a lender…
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The Superior Court of California, County of Sacramento, has granted a preliminary injunction to halt Wells Fargo from foreclosing on a home, finding it likely that the homeowner would prevail…
The California Department of Business Oversight (CDBO) has issued a new regulation under the California Finance Lenders Law (CFLL) that will require consumer lenders and/or brokers in nonbank operating subsidiaries…
The Office of the Comptroller of the Currency (OCC) has issued revisions to its civil monetary penalty (CMP) policy that is in effect as of February 26, 2016. The revisions…
In its Winter 2015 Supervisory Insights, the FDIC issued a clear warning to financial institutions that they must make cybersecurity a top priority and outlined the top cyber threats that…
A recent decision by the U.S. Court of Appeals for the Fifth Circuit has caused a split with a prior Seventh Circuit decision on when a bankruptcy trustee may surcharge…
The Ninth Circuit Court of Appeals has upheld a decision by the Bankruptcy Appellate Panel (“BAP”) that the buyer of a bankruptcy claim was not an “insider” for purposes of…
Wells Fargo, the nation’s largest mortgage lender, has announced that it will pay $1.2 billion to settle claims that it misclassified some FHA loans as qualifying for federal insurance when…
The Ninth Circuit Bankruptcy Appellate Panel (“BAP”) has ruled that the absolute priority rule — which requires debtors to pay dissenting creditors in full before they can retain pre-petition property…
The Ninth Circuit Bankruptcy Appellate Panel (“BAP”) has ruled that debts discharged in a prior Chapter 7 bankruptcy cannot be included when determining a debtor’s eligibility for Chapter 13 relief….
The Tenth Circuit Bankruptcy Appellate Panel (“BAP”) recently affirmed a bankruptcy court’s approval of a settlement agreement between a foreclosing lender and Chapter 7 trustee despite the objections of the…
The U.S. Court of Appeals for the Ninth Circuit has ruled that a Chapter 7 debtor’s life insurance policies are “an interest of the debtor” in property and cannot be…
In a unanimous decision, the California Supreme Court has ruled distressed homeowners that engaged in lender-approved short sales prior to 2010 — when the state enacted an anti-deficiency law for…
The U.S. Court of Appeals for the First Circuit has vacated a Securities and Exchange Commission (SEC) order that imposed sanctions against two State Street Bank and Trust Co. executives,…
Last month, the U.S. Supreme Court reversed a California state court’s refusal to enforce a contract’s arbitration clause that included a class action waiver, finding that the California decision was…
A recent opinion from the Seventh Circuit Court of Appeals that the Bank of New York Mellon Corp. should be treated as an unsecured creditor for a $312 million loan…
In a January 7, 2016, decision, a panel of the California Court of Appeals held that while corporations do have a right to privacy, it is not a constitutional right…
U.S. federal banking agencies — including the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency —…
A California appeals court has found that an auto dealer’s used car sales agreement that had been translated into Spanish but omitted translation for the arbitration clause renders the clause…
The California Department of Business Oversight (“DBO”) has opened an inquiry into the marketplace lending industry for the purpose of assessing “the effectiveness and proper scope of our licensing and…
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Last month, a California Appeals Court reversed an order by the trial court denying a petition to compel arbitration, ruling that the defendant had met its burden of proof under...
On December 19, 2014, a California Appeals Court affirmed a trial court’s ruling that amended a judgment against a law firm in bankruptcy to add a former name partner as...
In the waning days of 2014, Congress extended special provisions in the Servicemembers Civil Relief Act (SCRA) that require postponing a foreclosure on a military servicemembers’ property if that member...
Last month, a California appeals court ruled that priority liens could be subordinated if a fiduciary engages in inequitable conduct toward a person to whom a fiduciary duty is owed....
Forum selection clauses are provisions in a lease (or any other contract) in which it is agreed that, if the contracting parties have any dispute or need a provision of...
As a result of California’s Fair Chance Employment Act, construction contractors making bids on state contracts must now certify they have eliminated the box on employment applications that inquire whether...
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