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House Hearing to Examine the Impact of Dodd-Frank on Customers Credit and Job Creators

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The House Financial Services Capital Markets and Government Sponsored Enterprises will hold a hearing today at 10 a.m. ET titled "The Impact of Dodd-Frank on Customers, Credit, and Job Creators." To view the witness list and prepared witness testimony, please click below.

CFPB Proposes New Mortgage Disclosures

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The Consumer Financial Protection Bureau (CFPB) yesterday proposed banning several controversial mortgage fees and unveiled new disclosure forms intended to help borrowers better understand the terms of their home loans, the Washington Post reported today. CFPB Director Richard Cordray highlighted abuses in the mortgage market and said restoring trust in the industry was one of the key drivers for creating the agency. Under the new proposals, all borrowers would receive new disclosures when they apply for a mortgage. The revamped disclosures are part of the CFPB's "Know Before You Owe" initiative, and the agency has spent the past year and a half testing the new forms with consumers, lenders and industry groups.

Home-Equity Loans Pose Looming Threat to Banks

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The Office of the Comptroller of the Currency warned that more than half the amount borrowed on equity lines at national banks, or $221 billion out of $380 billion, will face higher payments from 2014 to 2017, exposing banks to the possibility of losses if some equity-line borrowers default, the Wall Street Journal reported today. Darrin Benhart, deputy comptroller for credit and market risk at the OCC, said that "banks are going to have to be thinking about ways that they're going to address" the problem, including debt restructuring. The OCC report, the first in a series of semiannual reports on financial risks in the banking system, also said that banks have shifted to higher-risk investments to boost interest rate returns, a development that could create future losses for banks. The OCC is separately studying which banks could be hit the hardest if interest rates rise. For larger banks the regulator said that it would focus on problems with mortgage servicing as well as underwriting standards for business loans and exposure to European institutions. The agency will also scrutinize smaller banks to look at loss exposure from commercial real estate loans and new types of auto and other lending products.

Cities Consider Seizing Mortgages

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A handful of local officials in California who say the housing bust is a public blight on their cities may invoke their eminent-domain powers to restructure mortgages as a way to help some borrowers who owe more than their homes are worth, the Wall Street Journal reported today. Investors holding the current mortgages predict the move will backfire by driving up borrowing costs and further depress property values. Eminent domain allows a government to forcibly acquire property that is then reused in a way considered good for the public—new housing, roads, shopping centers and the like. Owners of the properties are entitled to compensation, which is usually determined by a court. But instead of tearing down property, California's San Bernardino County and two of its largest cities, Ontario and Fontana, want to put eminent domain to a highly unorthodox use to keep people in their homes. The municipalities, about 45 minutes east of Los Angeles, would acquire underwater mortgages from investors and cut the loan principal to match the current property value. Then, they would resell the reduced mortgages to new investors.

Judge Strikes Federal Rule on For-Profit Colleges

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July 3, 2012

 
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  NEWS AND ANALYSIS   

JUDGE STRIKES FEDERAL RULE ON FOR-PROFIT COLLEGES

The U.S. Department of Education's rule designed to prevent for-profit colleges from leaving students with debts they struggle to repay was struck down by a federal judge who said the regulation was arbitrary, Bloomberg News reported yesterday. U.S. District Judge Rudolph Contreras ruled on June 30 the department's requirement that at least 35 percent of graduates must be repaying their loans for a college to qualify for federal grants wasn’t based on any facts. "No expert study or industry standard suggested that the rate selected by the department would appropriately measure whether a particular program adequately prepared its students," Contreras ruled. "The entire debt measure rule must therefore be vacated and remanded to the department." Read more.

FHA RESCINDS TOUGH NEW CREDIT RESTRICTIONS ON MORTGAGE LOAN APPLICANTS

In a policy switch that could be important to thousands of applicants seeking low-down-payment home mortgages, the Federal Housing Administration (FHA) has rescinded tough new credit restrictions that had been scheduled to take effect on Sunday, the Los Angeles Times reported on Sunday. The policy change would have affected borrowers who have one or more collections or disputed-bill accounts on their national credit bureau files in which the aggregate amounts were $1,000 or more. Some mortgage industry experts estimate that if the now-rescinded rules had gone into effect, as many as 1 in 3 FHA loan applicants would have had difficulty being approved. Under the withdrawn plan, borrowers with collections or disputed unpaid bills would have been required to "resolve" them before their loan could be closed, either by paying them off in full or by arranging a schedule of repayments. Read more.

COMMENTARY: HOW WALL STREET SCAMS COUNTIES INTO BANKRUPTCY

Wall Street refuses to learn that it is illegal to bribe public officials to get access to lucrative municipal-bond underwriting business because the miniscule price it ends up having to pay for misbehaving has absolutely no deterrent value whatsoever, according to a Bloomberg News commentary on Sunday. In 2009, the Securities and Exchange Commission charged that two bankers at JPMorgan, Charles LeCroy and Douglas MacFaddin, had in 2002 and 2003 privately agreed with "certain" county commissioners in Jefferson County, Ala., to pay more than $8.2 million to "close friends of the commissioners who either owned or worked at local broker-dealers" that had been hired to advise the county commissioners on awarding underwriting business. The purpose of the payments, the SEC alleged, was to make sure the commissioners hired JPMorgan as the underwriter of municipal-bond sales and swaps contracts. According to a suit filed by the county, JPMorgan even agreed to pay Goldman Sachs Group Inc. $3 million if it would not compete for a $1.1 billion interest-rate swap that JPMorgan entered into with Jefferson County. The payments were all undisclosed -- the Goldman money, the suit claimed, was shuffled through a separate derivatives contract created just to make the payment -- and decreased the proceeds the county received from the offerings. To settle the charges with the SEC, JPMorgan neither admitted nor denied wrongdoing, but paid $722 million, including forgiving $647 million in fees that the county would have had to pay to unwind the swap deals. Last November, Jefferson County filed for bankruptcy protection, largely a result of the deals JPMorgan Chase put together. Read more.

ANALYSIS: CONSUMERS UNLIKELY TO REKINDLE THE RECOVERY

After adding more than 250,000 jobs a month from December through February, U.S. employers have added an average of less than 100,000 jobs for the past three months, and as hiring has slowed, so has consumer spending, according to an analysis in yesterday's Wall Street Journal. Retail sales have fallen for two consecutive months. Overall consumer spending fell slightly in May, the Commerce Department said Friday, the first drop in nearly a year. Consumer sentiment tumbled in June to its lowest level since December, wiping out nearly all the recent gains. Beneath the weak May and June numbers lies a deeper problem: The consumer recovery was never as robust as it first appeared. In May, the Commerce Department revised down its estimate of first-quarter spending growth to 2.7 percent from 2.9 percent. Last week, the figure was revised down yet again, to 2.5 percent. That still represents the fastest growth since late 2010, but it is not enough to shift the recovery into a higher gear as some economists were predicting at the beginning of the year. Read more. (Subscription required.)

Meanwhile, the American Bankers Association reported that consumer delinquencies fell in the first quarter for 10 of 11 categories that it tracks, including personal loans, bank cards and direct auto loans. Read more.

CFPB SIGNS OFF ON CONFIDENTIALITY RULES

The Consumer Financial Protection Bureau on Thursday adopted rules outlining how it would handle privileged information it receives from the financial entities it oversees, The Hill reported on Friday. Banks and other financial institutions had aired concerns that secret information it provides to the new agency through the course of regulation might not be kept private. The rules offered by the bureau are aimed at reassuring those institutions. In the new rules, the CFPB states that providing privileged information to the regulator does not mean an institution needs to waive its right to confidentiality of that content when it comes to it being shared with a third party. Furthermore, it states the bureau can share that information with other federal and state regulators without violating confidentiality. Read more.

ABI IN-DEPTH

“SUBJECTING BUSINESS PROJECTIONS TO SCRUTINY IN VALUATION DISPUTES” WEBINAR TO BE HELD ON JULY 30!

Reassembling the speakers from one of the most popular panels at the New York City Bankruptcy Conference this year, ABI will be holding a live webinar on July 30 at 11 a.m. ET titled, "Subjecting Business Projections to Scrutiny in Valuation Disputes." Panelists include:

- Moderator David Pauker of Goldin Associates, LLC (New York)

- Martin J. Bienenstock of Proskauer (New York)

- David M. Hillman of Schulte Roth & Zabel LLP (New York)

- Bankruptcy Judge Robert E. Gerber (S.D.N.Y.)

The panel will address:

- How much deference should management projections be accorded?
- How do you determine whether projections are unrealistically optimistic or pessimistic?
- What is the relevance of "market consensus?"
How do management’s incentives impact projections?

The webinar is available to ABI members for $75 and is approved for 1.0 CLE hours in Calif., Ga., Hawaii, Ill., N.Y. (approved jurisdiction policy) S.C. and Texas. CLE approval is pending in Del., Fla., Pa. and Tenn. To register, please click here.

LATEST CASE SUMMARY ON VOLO: RNPM, LLC V. MERCADO ALVAREZ (IN RE MERCADO ALVAREZ; 1ST CIR.)

Summarized by Bruce Harwood of Sheehan Phinney Bass + Green

Pursuant to §1322(e) of the Bankruptcy Code, the amount of an arrearage under a mortgage secured by the debtor’s principal residence, including the amount of the mortgagee’s attorneys fees and costs recoverable under the mortgage, is determined by applicable nonbankruptcy law, and not the reasonableness, lodestar-based standards of §506(b) or Bankruptcy Rule 2016, which are overridden by §1322(b). Since applicable Puerto Rico law provides that the amount of attorneys’ fees and costs recoverable under "penal clauses"—which permit recovery of attorneys' fees and costs as a percentage of the original principal of the mortgage note—is subject to adjustment on equitable grounds, the Bankruptcy Court properly considered those grounds in reducing the mortgagee’s claim for attorneys' fees from $7,600 (the contract rate, equal to 10 percent of the original principal amount) to $2,000.

More than 500 appellate opinions are summarized on Volo typically within 24 hours of the ruling. Click here regularly to view the latest case summaries on ABI’s Volo website.

NEW ON ABI’S BANKRUPTCY BLOG EXCHANGE: STOCKTON'S CHAPTER 9 FILING- ANOTHER OUTLIER OR HARBINGER?

The Bankruptcy Blog Exchange is a free ABI service that tracks 35 bankruptcy-related blogs. A recent post examines whether Stockton's chapter 9 filing last week represents a wave of chapter 9 filings to come or will remain a contained event. Last weekend, Pennsylvania extended until Nov. 30 a ban on a possible chapter 9 filing by the capital city of Harrisburg.

Be sure to check the site several times each day; any time a contributing blog posts a new story, a link to the story will appear on the top. If you have a blog that deals with bankruptcy, or know of a good blog that should be part of the Bankruptcy Exchange, please contact the ABI Web team.

ABI Quick Poll
The full-payment rule in section 1325's "hanging paragraph" for new car PMSIs should be repealed to level the playing field between car lenders and other partially and fully unsecured creditors.

Click here to vote on this week's Quick Poll. Click here to view the results of previous Quick Polls.

IS YOUR ABI MEMBERSHIP PROFILE CURRENT?

Keeping a current profile will allow you to benefit from one of ABI's most important services - networking. When you update your profile, you are putting your most valuable information in the membership directory. Be sure to include your areas of expertise, firm information, education and join any other committees that are of interest. Click here to update your profile.

INSOL INTERNATIONAL

INSOL International is a worldwide federation of national associations for accountants and lawyers who specialize in turnaround and insolvency. There are currently 37 member associations worldwide with more than 9,000 professionals participating as members of INSOL International. As a member association of INSOL, ABI's members receive a discounted subscription rate. See ABI's enrollment page for details.

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July 12-15, 2012
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August 2-4, 2012
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  CALENDAR OF EVENTS
 

July
- Northeast Bankruptcy Conference and Northeast Consumer Forum
     July 12-15, 2012 | Bretton Woods, N.H.
- Southeast Bankruptcy Workshop
     July 25-28, 2012 | Amelia Island, Fla.
-Valuation Webinar, July 30 at 11 a.m. ET

August
- Mid-Atlantic Bankruptcy Workshop
     August 2-4, 2012 | Cambridge, Md.

September
- Complex Financial Restructuring Program
     September 13-14, 2012 | Las Vegas, Nev.
- Southwest Bankruptcy Conference
     September 13-15, 2012 | Las Vegas, Nev.
- 38th Annual Lawrence P. King and Charles Seligson Workshop on Bankruptcy & Business Reorganization
     September 19-20, 2012 | New York, N.Y.

 

  

October
- Nuts & Bolts for Young and New Practitioners - KC
     October 4, 2012 | Kansas City, Mo.
- Midwestern Bankruptcy Institute Program, Midwestern Consumer Forum
     October 5, 2012 | Kansas City, Mo.
- Bankruptcy 2012: Views from the Bench
     October 5, 2012 | Washington, D.C.
- Chicago Consumer Bankruptcy Conference
     October 8, 2012 | Chicago, Ill.
- International Insolvency and Restructuring Symposium
     October 18, 2012 | Rome, Italy

 
 
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Banks Face Foreclosure Regulation by States

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States across the country are proposing a range of new rules that would make it more difficult for banks to foreclose on troubled homeowners, the Wall Street Journal reported today. The moves have been prompted by concerns that lenders have been inefficient in restructuring mortgages, which results in unnecessary foreclosures, while using shoddy paperwork to repossess homes. Lenders are strongly resisting the measures, arguing that they will introduce new bottlenecks in the foreclosure process that could obstruct the incipient housing recovery. The biggest showdown between lenders and lawmakers could occur as soon as today in California, when the state legislature is set to vote on an overhaul detailing new requirements banks must follow in the foreclosure process. While similar measures have failed in each of the last two years, the state's attorney general, Kamala Harris, has pushed strongly for the bills, improving the odds the bills will pass. Nationwide, 25 states have bills contemplating changes to various laws governing the foreclosure process, according to the National Conference of State Legislatures. In Oregon, the state's outgoing attorney general proposed new rules covering how banks handle loan modifications. New York's assembly is considering a measure that would criminalize foreclosure paperwork forgeries.

Consumer Spending Stalls in May on Smaller Job Gains

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Economists said that consumer spending in the U.S. probably stalled in May as slower job growth and subdued wage gains prompted Americans to cut back, Bloomberg News reported today. Household purchases, which account for about 70 percent of the economy, were unchanged after a 0.3 percent gain in April, according to the median estimate of 75 economists surveyed by Bloomberg News. Companies added 82,000 workers to payrolls last month, the fewest since August. Next week, the Labor Department may report private payrolls, which exclude government agencies, rose by about 100,000 in June, completing the weakest quarter since January-March 2010, according to the Bloomberg survey median. Consumers have had to rely on savings to boost spending as income growth slowed. The saving rate slipped to 3.4 percent in April, matching February as the lowest reading since December 2007.

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Commentary- Too Big to Fail Then Get a Living Will

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ABI Bankruptcy Brief | June 28, 2012


 


  

June 28, 2012

 

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  NEWS AND ANALYSIS   

COMMENTARY: TOO BIG TO FAIL? THEN GET A LIVING WILL



JPMorgan CEO Jamie Dimon's congressional testimony on trading losses has again stirred debate on the notion of "too-big-to-fail" banks, according to a Bloomberg News commentary yesterday by John C. Dugan, the former Comptroller of the Currency, and T. Timothy Ryan Jr., president and CEO of the Securities Industry and Financial Markets Association. JPMorgan Chase & Co.'s losses were buffered by a strong balance sheet and sufficient capital levels to avoid putting the bank at risk. However, opponents of the Dodd-Frank financial reform's resolution process have used this to resurrect their belief that "too big to fail" has not been eliminated, but instead been codified into law. As former bank regulators who both sat on the Federal Deposit Insurance Corp. board, Dugan and Ryan disagree that this step has taken place. The FDIC recently proposed a way of reorganizing a large financial institution under Dodd-Frank that would avoid runs by short-term depositors and creditors and prevent messy defaults on swaps and other derivatives. More important, the FDIC's proposal would also avoid taxpayer losses, which Dodd-Frank flatly prohibits. Instead, losses would be borne by shareholders and long-term creditors of the failed holding company. Long-term creditors would swap their debt for equity to recapitalize the company. The process would be functionally identical to a chapter 11 reorganization, according to the commentary, with two critical exceptions: It could be done much faster, and, if necessary, the Treasury Department could provide temporary loans (backed by collateral) to the reorganized company until market funding returns. Read the full commentary.

ANALYSIS: BREAKING UP BIG BANKS HARD TO DO AS MARKET FORCES FAIL



Politicians and regulators have resisted calls from some investors to split up conglomerates that were assembled over two decades by executives such as former Citigroup CEO Sanford "Sandy" Weill and former Bank of America CEO Ken Lewis, Bloomberg News reported yesterday. While these universal banks offered customers everything from checking accounts and insurance to derivatives trading and merger advice, the 2008 financial crisis and subsequent performance of the companies is calling that approach into question. Some investors, tired of unpredictable losses, costly regulation and legal headaches, have abandoned the banks in favor of more focused lenders such as Wells Fargo & Co. and U.S. Bancorp. Bank of America has traded below book value since 2009, while New York-based Citigroup has done so since 2010, according to data compiled by Bloomberg. "It is not clear why a bank needs to do lots of activities in financial services that aren't banking," said Ken Fisher, CEO and founder of Woodside, Calif.-based Fisher Investments, which manages about $44 billion in investments. "The universal bank model is broken," said David Trone, an analyst at JMP Securities LLC. Read more.

CALIFORNIA FORECLOSURE-PREVENTION MEASURE NEARS FINAL PASSAGE



A foreclosure-prevention measure is one step away from final passage in the California Legislature, the Los Angeles Times reported yesterday. A two-house conference committee yesterday, on a partisan 4-1 vote, sent identical measures to the floors of the California Assembly and Senate with final votes scheduled for Monday. The bills, S.B. 900 and A.B. 278, are the most controversial elements of a Homeowner Bill of Rights legislative package sponsored by California Atty. Gen. Kamala D. Harris. The bills aim to protect homeowners in two ways:

  • They ban "dual tracking," when mortgage loan servicers allow borrowers to open an application for loan modification to lower their payments while at the same time the foreclosure process continues to move forward. Servicers would be required to provide homeowners with "a single point of contact" so that they will not suffer from bureaucratic runarounds.


  • They give owner-occupier, first-mortgage holders a right to sue financial institutions, under limited conditions, if the lenders have willfully, intentionally or recklessly violated the law.

Bankers, the state Chamber of Commerce and the securities industry oppose the bills, saying that they are overly complicated, lack legal clarity and could spur many unnecessary lawsuits. The bills would take effect on Jan. 1 if approved, as expected, by Democratic majorities in both houses. Gov. Jerry Brown (D) has not indicated whether he would sign the measures, though sponsors have said they do not expect a veto. Read more.

ANALYSIS: SOME STUDENT LOANS TO BECOME MORE EXPENSIVE DESPITE DEAL



College students are still facing a roughly $20 billion increase in the cost of their federal loans, despite a much-heralded deal by Congress to contain the expense of higher education, according to a Washington Post analysis yesterday. Starting Sunday, students hoping to earn the graduate degrees that have become mandatory for many white-collar jobs will become responsible for paying the interest on their federal loans while they are in school and immediately after they graduate, meaning that they will have to pay an extra $18 billion out of pocket over the next decade. Meanwhile, the government will no longer cover the interest on undergraduate loans during the six months after students finish school. That is expected to cost those borrowers more than $2 billion. Much of the recent debate about the nation's soaring student debt burden has centered on how to prevent the interest rate on new federally subsidized undergraduate loans from doubling to 6.8 percent on Sunday. This week, Senate leaders announced that they had finally reached a compromise on how to pay the estimated $6 billion cost of freezing the rate for one year. Congress is expected to approve the deal by Friday. Read more.

FIRMS RESIST NEW PAY-EQUITY RULES



As the final shareholder votes on executive pay round out this year's proxy season, companies are fighting another rule that could force them to disclose the gap between what they pay their CEOs and their median pay for employees, the Wall Street Journal reported yesterday. The rule's supporters - a group that includes labor unions, institutional shareholders and left-leaning activists - say that it would force companies to consider rank-and-file workers during boardroom discussions over CEO pay and could put the brakes on executive compensation, which has been rising faster than inflation and the average worker's pay. The so-called internal pay equity provision, passed as part of the July 2010 Dodd-Frank package of financial reforms, is intended to expose the income disparity within public companies and help investors better evaluate the firms. Read more. (Subscription required.)

ABI IN-DEPTH

LATEST CASE SUMMARY ON VOLO: LEVESQUE V. SHAPIRO (IN RE LEVESQUE; 9TH CIR.)



Summarized by Emil Khatchatourian of the U.S. Bankruptcy Court for the Eastern District of California

The Ninth Circuit Bankruptcy Appellate Panel held that the chapter 7 trustee had standing to appear with respect to the debtors' motion to reopen their chapter 7 case and motion to convert the chapter 7 case to one under chapter 11, and that the bankruptcy court did not abuse its discretion in denying the debtors' motion to convert.

More than 500 appellate opinions are summarized on Volo typically within 24 hours of the ruling. Click here regularly to view the latest case summaries on ABI’s Volo website.

NEW ON ABI’S BANKRUPTCY BLOG EXCHANGE: FSB REPORTS REGULATOR REFORM IS ADVANCING, BUT SLOWLY



The Bankruptcy Blog Exchange is a free ABI service that tracks 35 bankruptcy-related blogs. A recent post looks at a June 19 report by the Financial Stability Board (FSB) on the steps FSB member nations have taken to implement financial reforms designed to improve the stability of the global financial system. The FSB concluded that its member nations have made significant progress in implementing globally agreed upon financial reforms, but large strides are still necessary to protect the global economy against future financial crises.

Be sure to check the site several times each day; any time a contributing blog posts a new story, a link to the story will appear on the top. If you have a blog that deals with bankruptcy, or know of a good blog that should be part of the Bankruptcy Exchange, please contact the ABI Web team.

ABI Quick Poll

The full-payment rule in section 1325's "hanging paragraph" for new car PMSIs should be repealed to level the playing field between car lenders and other partially and fully unsecured creditors.

Click here to vote on this week's Quick Poll. Click here to view the results of previous Quick Polls.

IS YOUR ABI MEMBERSHIP PROFILE CURRENT?



Keeping a current profile will allow you to benefit from one of ABI's most important services - networking. When you update your profile, you are putting your most valuable information in the membership directory. Be sure to include your areas of expertise, firm information, education and join any other committees that are of interest. Click here to update your profile.

INSOL INTERNATIONAL



INSOL International is a worldwide federation of national associations for accountants and lawyers who specialize in turnaround and insolvency. There are currently 37 member associations worldwide with more than 9,000 professionals participating as members of INSOL International. As a member association of INSOL, ABI's members receive a discounted subscription rate. See ABI's enrollment page for details.

Have a Twitter, Facebook or LinkedIn Account?

Join our networks to expand yours.

  

 

NEXT EVENT

 

NE 2012

July 12-15, 2012

Register Today



COMING UP

 

SE 2012

July 25-28, 2012

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MA 2012

August 2-4, 2012

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SE 2012

Sept. 13-14, 2012

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SW 2012

Sept. 13-15, 2012

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NYU 2012

Sept. 19-20, 2012

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NABMW 2012

Oct. 4, 2012

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Oct. 5, 2012

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Oct. 5, 2012

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SE 2012

Oct. 8, 2012

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SE 2012

Oct. 18, 2012

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  CALENDAR OF EVENTS
 

July

- Northeast Bankruptcy Conference and Northeast Consumer Forum

     July 12-15, 2012 | Bretton Woods, N.H.

- Southeast Bankruptcy Workshop

     July 25-28, 2012 | Amelia Island, Fla.

August

- Mid-Atlantic Bankruptcy Workshop

     August 2-4, 2012 | Cambridge, Md.

September

- Complex Financial Restructuring Program

     September 13-14, 2012 | Las Vegas, Nev.


- Southwest Bankruptcy Conference

     September 13-15, 2012 | Las Vegas, Nev.

- 38th Annual Lawrence P. King and Charles Seligson Workshop on Bankruptcy & Business Reorganization

     September 19-20, 2012 | New York, N.Y.


  

October

- Nuts & Bolts for Young and New Practitioners - KC

     October 4, 2012 | Kansas City, Mo.

- Midwestern Bankruptcy Institute Program, Midwestern Consumer Forum

     October 5, 2012 | Kansas City, Mo.

- Bankruptcy 2012: Views from the Bench

     October 5, 2012 | Washington, D.C.

- Chicago Consumer Bankruptcy Conference

     October 8, 2012 | Chicago, Ill.

- International Insolvency and Restructuring Symposium

     October 18, 2012 | Rome, Italy

 
 

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Bank of America Sued over Force-Placed Insurance Costs

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Bank of America Corp. was sued in a Florida federal court by homeowners who allege the company overcharged them for "force-placed" insurance, Bloomberg News reported yesterday. Force-placed insurance, which mortgage companies can purchase for homeowners when their policies lapse, is a "financial windfall: for Bank of America," according to a complaint filed on Monday. "A substantial portion of the premiums are refunded to Bank of America or its affiliates and subsidiaries through various kickbacks, reinsurance and/or unwarranted commissions," according to the homeowners, who seek to proceed on behalf of U.S. borrowers who were charged for the insurance by Bank of America or an affiliate. In April, New York's Department of Financial Services, saying it was seeking a basis for "consistently high profits" at the expense of homeowners and investors, said it was investigating whether force-placed insurance rates are excessive. It said that it was requiring information from insurers including Balboa Insurance Co., which is also a defendant in the Florida case.

PNC Bank Will Pay 90 Million to Resolve Overdraft Lawsuit

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PNC Bank, a unit of PNC Financial Services Group Inc., will pay $90 million to settle a lawsuit accusing it of improperly manipulating customers' debit card transactions to generate excess overdraft fees, Bloomberg News reported yesterday. The lawsuit, part of litigation involving more than 30 banks, is pending before U.S. District Judge James Lawrence King in Miami, lawyers for the plaintiffs said yesterday. The customers claimed PNC Bank's computer system resequenced the actual order of debit card and ATM transactions by posting them in highest-to-lowest dollar amount instead of the actual order in which they were initiated, according to the statement. That led to excess overdraft fees, the plaintiffs say.

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