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Bankruptcy, Insolvency and Creditors’ Rights
Creditors' Sidebar

How to Rescind a Mortgage Refinance? SCOTUS May Address Circuit Split

The Truth in Lending Act (TILA) requires that certain disclosures be given at the time of a refinance of a mortgage loan, including notice of a three-day cooling-off period. The purpose of the cooling-off period...
by Richard A. Vance March 23, 2014
Creditors' Sidebar

Collateral Damage: More on Healthcare Receivables Under the ACA

In a previous post, I wrote about potential looming trouble for lenders that have healthcare receivables as collateral. @KHNews has a more in-depth article on the 30-90 day rule applied to insurers that provide ACA...
by Guest Blogger March 21, 2014
Creditors' Sidebar

More CFPB Overreach?

The Dodd-Frank Act (DFA) established the Consumer Financial Protection Bureau (CFPB) to search out unfair, deceptive, and abusive acts injuring consumers. It authorized CFPB to set up its own administrative adjudication system, with its own...
by Richard A. Vance March 18, 2014
Creditors' Sidebar

Healthcare Accounts Receivable and Possible Looming Troubles?

Accounts receivable are often the most significant asset of a healthcare provider. As this @MorningEdition interview points out (Doctors' Offices Get Put on Hold Trying to Find Out Who's Insured), there could be a slowdown...
by Guest Blogger March 17, 2014
Creditors' Sidebar

Welcome to the Neighborhood — Kentucky High Court to Determine Whether Lender is Obligated to Pay HOA Dues on Unimproved Property

The Supreme Court of Kentucky has granted discretionary review of a court of appeals ruling that a bank taking 51 subdivision lots by deed in lieu of foreclosure was not entitled to the developer's exemption...
by Richard A. Vance March 10, 2014
Creditors' Sidebar

Kentucky Court of Appeals: Seniors Rule!

The Kentucky Court of Appeals ruled last week that a junior mortgagee may not force a judicial sale free and clear of a senior mortagee's interest even when the senior mortgagee defaults in the underlying...
by Guest Blogger March 07, 2014
Creditors' Sidebar

Bankruptcy Filings are Down

According to the American Bankruptcy Institute and Epiq Systems, Inc., total US bankruptcy filings are down 12% from the same time last year, with commercial bankruptcies down 24%. As the ABI Executive Director Samuel J...
by Guest Blogger March 06, 2014
Creditors' Sidebar

Consideration?

At Creditors' Sidebar, from time to time we want to highlight how the "nuts and bolts" of originating a commercial transaction can have a significant impact in the future. Here is a great example posted...
by Guest Blogger March 01, 2014