Lender Liability Law and Litigation
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This compact desk reference provides expert guidance for both lender and borrower on the theory and practice of lender liability law. Coverage of both lender liability prevention issues and litigation includes the following topics:
- excessive control of the borrower's business and how to avoid it;
- federal tax liability;
- "bad faith" actions;
- environmental liability concerns;
- lender's actions which may give rise to a civil RICO claim;
- bankruptcy considerations;
- pretrial litigation issues; and
- alternative dispute resolution.
The text includes discussions of relevant case law and statutes, as well as practical hints on how to apply the law in day-to-day transactions.
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Table of contents
CHAPTER 1 Introduction to Lender Liability Issues and Practices
CHAPTER 2 Legal Duties and Remedies
CHAPTER 3 Contract Theories
CHAPTER 4 Good Faith and Fair Dealing in Commercial Lending Transactions
CHAPTER 5 Tort Liability Theories
CHAPTER 6 Federal Securities Law Bases for Lender Liability
CHAPTER 7 Federal Tax Liability and the Federal Tax Lien
CHAPTER 8 Bankruptcy Considerations
CHAPTER 9 Lender Liability Under the Racketeer Influenced and Corrupt Organizations Act
CHAPTER 10 Usury
CHAPTER 11 Criminal Liabilities: Major Banking Crimes
CHAPTER 12 Lender Environmental Liability Concerns
CHAPTER 13 "Fair Lending": Lender Liabilities and Restraints
CHAPTER 14 Antitrust Aspects of Lender Liability
CHAPTER 15 The Fair Credit Reporting Act and Financial Privacy
CHAPTER 16 Liability Under the Bank Secrecy Act
CHAPTER 17 ERISA Liability for Commercial Lenders
CHAPTER 18 Lender Liability Arising from the Exercise of a Lender's Rights and Remedies
CHAPTER 19 Federal Bank Regulatory Enforcement Actions
CHAPTER 19A Regulatory Examinations of Banks
CHAPTER 20 Failed Financial Institutions and the "Superpowers" of the FDIC
CHAPTER 21 Lender Liability Concerns in Loan Participation Agreements
CHAPTER 22 Use of Alternative Dispute Resolution and Jury Waiver Clauses in the Context of Lender Liability
CHAPTER 23 Lender Liability Issues Related to Subprime Lending
CHAPTER 24 Reserved
CHAPTER 25 Lender Liability Documentation Issues and Techniques
CHAPTER 26 Reserved
CHAPTER 27 Pretrial Issues in Lender Liability Lawsuits