Bank Law Monitor
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Ninth Circuit Holds the Trustee Has Standing, Not the Employee, to Title VII Claims Rooted in the Pre-Bankruptcy Past
The Ninth Circuit’s May 30, 2024 decision in Bercy v. City of Phoenix precludes employees from bringing Title VII employment claims that the employee could have brought before filing for personal bankruptcy. These claims belong to an employee’s bankr...
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What Does “Debts of the Kind” Really Mean?
Enacted in 2019, Subchapter V of Chapter 11 of the Bankruptcy Code allows small business debtors to reorganize and discharge their debts on special terms. A Subchapter V debtor’s discharge differs depending on whether the plan is confirmed with or wi...
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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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