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A discussion of a case in which the United States Supreme Court faced a claim by the City of Miami that two banks had violated the federal Fair Housing Act by issuing loans to black and Latino customers on terms less favorable than loans issued to similarly situated customers who were white and non-Latino.
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<b><I>Potential Complications in Bankruptcy</I></b><p>An equipment financing company will often decide whether it wants a transaction to be a true lease or a TRAC lease as opposed to a retail sale. A good reason to be able to make the distinction is to determine what might be the best structure for an equipment financier. This article explores the differences.
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<b><I>Part Two of a Two-Part Article</I></b><p>Last month, we began our discussion of what constitutes a good-faith defense to a fraudulent transfer claim with an initial examination of the recent Sixth Circuit opinion in <I>Meoli v. Huntington Nat'l Bank</I>. We continue the analysis this month by focusing on sub-issues presented in <I>Meoli</I>, and, we discuss a recent Ninth Circuit preference decision that offers a mistaken analysis of the transfer issue.
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<b><I>Part One of a Two-Part Article</I></b><p>The issue of what constitutes a good-faith defense to a fraudulent transfer claim is a murky question that has produced a wide variety of reported decisions from appellate courts over the years. But a recent Sixth Circuit opinion sheds some clear light on a complicated fact pattern.
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While it remains unclear both when the regulators will invoke their authority to enforce the nearly limitless strict liability provision of the "pay-to-play" rules and how they will determine the appropriate remedy, the recent settlements and the SEC's handling of exemptive relief petitions may provide some clues.