Regulations Coming for Overdraft and Other Fees
The U.S. Consumer Financial Protection Bureau (CFPB) publishes an agenda of its planned rulemaking activities twice a year – typically in the Spring and Fall. These agendas constitute a window into the focuses and priorities of the CFPB. In early January of 2023, the ...Read More
How New Credit, Modifications, and Extensions can Impact Mortgage Priority
Real Estate often serves as the primary collateral for a loan, and for good reason. Compared to personal property, real estate tends to depreciate less, cannot be absconded with, and oftentimes is simply more valuable than items of personal property. For this reason, lenders ...Read More
How to Avoid Conversion Claims with Jointly Payable Checks
This article is intended to be a “refresher” on how lenders can avoid conversion claims in connection with certain jointly payable negotiable instruments. Certain types of negotiable instruments (e.g., jointly payable checks) can benefit lenders, as demonstrated in the hypothetical below, but these instruments ...Read More
Supreme Court Clarifies Bankruptcy Discharge Rule for Fraudulent Debt; Overturns Eighth Circuit Precedent
In a case decided Wednesday, February 23, 2023, the U.S. Supreme Court held that a Chapter 7 bankruptcy debtor is precluded from discharging in bankruptcy a debt obtained by fraud, regardless of the debtor’s own personal knowledge of or culpability in the fraud, at ...Read More
Life Insurance and the Taxable Estate
An often overlooked component of an estate for the purpose of calculating estate tax are the death benefit of and cash value in a life insurance policy. Even though these benefits may go to a child or other third person designated as a beneficiary ...Read More
The NLRB goes after handbooks . . . again.
With the return of Democrat control of the National Labor Relations Board, the pendulum is swinging back so fast, it might hit some employers on the chin. In particular, the NLRB is undoing many of the changes made by the Trump NLRB as to ...Read More
Can’t I Just Get a Simple Postnuptial Agreement?
From time to time, I receive phone calls from potential clients who just want a “simple” postnuptial agreement. Usually, the situation involves an inherited business or other income-producing property—or some other (usually unforeseen) life-changing event that significantly impacts financial circumstances. Usually, the caller has ...Read More