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Bank Law Monitor

A legal blog for the financial services industry

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Oregon Construction Owners and Lenders Are Affected by New Retainage Law
If you develop or build on real property in Oregon, your progress payments to contractors on future projects will be affected by a new law, effective on March 7, 2024. If you are a construction lender, your borrower may request that your periodic loa...
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Oregon Enacts Bill Changing Garnishment Exemptions and Procedures
On April 4, 2024, the Oregon Governor signed Senate Bill 1595—the Family Financial Protection Act (SB 1595)—into law. SB 1595 increases the amounts exempt from execution by creditors, imposes new account review procedures for banks in responding to g...
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Bank Merger Guidelines—Updates from the FDIC
The Federal Deposit Insurance Corporation (FDIC) is ready and eager to make some updates to the guidelines it applies when reviewing potential bank merger transactions. This comes nearly three years after President Biden encouraged federal agencies t...
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The War on Bank Fees Rages On—New CFPB Rule Aims to Hobble Courtesy Overdraft Services
As you may have heard, the Consumer Financial Protection Bureau (CFPB) has proposed a new rule that would drastically change the landscape of courtesy overdraft services offered by many large financial institutions. Under this new rule, large financ...
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Employer Issues in Bankruptcy
Numerous issues arise when an employer files for bankruptcy. Some of the most crucial issues relate to: (i) priorities for claims of employees; (ii) notices pursuant to the Worker Adjustment and Retraining Notification (WARN) Act; and (iii) the autom...
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Oregon Bankruptcy Court Decides a Post-Foreclosure, but Post-Petition Eviction of a Borrower Violates the Automatic Stay
On August 4, 2023, the bankruptcy court for the District of Oregon determined that proposed actions by a lender to enforce a pre-bankruptcy petition foreclosure judgment and evict a borrower—after the borrower filed for bankruptcy—were in violation o...
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