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Addresses the liability and risk issues that arise at each successive stage of the relationship between lenders and borrowers or guarantors. This work adopts a practical, transaction-based approach, examining the different stages of the relationship in turn and the legal issues that arise along the way. It also gives guidance on breach of loans.
Author : A. Barry Cappello Publisher : Juris Publishing, Inc. Page : 944 pages File Size : 43,7 Mb Release : 2014-06-01 Category : Law ISBN : 9781578233434
Lender Liability - Fifth Edition by A. Barry Cappello Pdf
Lender Liability - Fifth Edition is the leading one-volume work on the subject. This area of the law has grown and matured significantly over the years and is now recognized as a distinct body of law that is the basis of thousands of lawsuits filed over the last decade. Written for both lenders' and borrowers' attorneys, Lender Liability discusses the basics and more advanced issues relating to lender liability. Topics include 1) an extended analysis of where and how lender liability problems arise, 2) common law and statutory theories of liability, 3) bankruptcy concerns and 4) lawsuits against failing or failed financial institutions. A sample complaint, request for production of documents, interrogatories and jury instructions are included on CD for easy use. The work also includes as well tables of state and federal cases and statutes, rules and regulations. This brand new edition has been completely revised, reorganized and updated. It conforms now to the evolution and maturity of Lender Liability as an accepted, cited and well litigated area of commercial and consumer litigation. "Lender Liability" as a body of law has evolved from traditional contract and tort theories, to include causes of action based in the Uniform Commercial Code; including the covenant of good faith and fair dealing. This handy reference work is ideal for either the experienced practitioner or the neophyte involved in representing an institution or client whose interests involve bank liability.
This guidebook defines current actions and situations that are subjecting lenders to claims. It addresses lender defenses and evaluates the remedies available under common law tort, contract law, federal bankruptcy laws and the RICO act.
Providing a single point of reference, this book covers situations in which banks can incur liability, giving a practical consideration of the central issues and as well as the underlying general principles. It addresses liability in negligence and contract from an English law perspective, with reference to Scottish and Commonwealth law.
Author : Thomas N. Bucknell,Stephen A. Goodwin Publisher : John Wiley & Sons Incorporated Page : 224 pages File Size : 41,6 Mb Release : 1992-12-01 Category : Law ISBN : 0471591467
Lender Liability and Banking Litigation by Edward F. Mannino Pdf
This essential book shows you how to litigate lender liability suits and, when possible, prevent them from ever being filed. Lender Liability and Banking Litigation analyzes theories of liability and provides in-depth discussion of: RICO; planning, budgeting and monitoring litigation from the perspective of inside counsel; discovery, privilege and class action questions; practical aspects of trying a case; alternative dispute resolution; minimizing lender liability through documentation and administrative techniques; lawsuits against directors and officers of financial institutions; CERCLA; and lender liability and the failed bank. The book features numerous sample litigation documents, including: counterclaims and answers by borrowers and lenders; voir dire questions and jury instructions; interrogatories; special verdicts; and a comprehensive loan agreement litigation checklist.
Thomas N. Bucknell,Stephen A. Goodwin,Marshall C. Stoddard
Author : Thomas N. Bucknell,Stephen A. Goodwin,Marshall C. Stoddard Publisher : John Wiley & Sons Page : 402 pages File Size : 48,5 Mb Release : 1991 Category : Law ISBN : 0471553182
This comprehensive book begins with a consideration of the nature of the general banker-customer relationship, the obligations it poses and the issues relating to the commencement of the banking relationship. It provides individuals and companies with valuable guidance when assessing the risks in their relationship with banks, and vice versa. The following chapters allow all parties to consider carefully the central issues and underlying general principles that might arise by addressing the various activities undertaken by a lender. The duty of confidentiality, lenders as fiduciaries, the lend.
Thomas N. Bucknell,Stephen A. Goodwin,Marshall C. Stoddard
Author : Thomas N. Bucknell,Stephen A. Goodwin,Marshall C. Stoddard Publisher : Wiley Law Publications Page : 216 pages File Size : 47,6 Mb Release : 1996-04-01 Category : Law ISBN : 0471154792