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Read the latest articles and press releases about securitization and structured finance.

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SFA News

Court Grants Motion to Dismiss Cohen V. Capital One Case Structured

On Monday, September 28, the U.S. District Court for the Eastern District of New York granted the defendants’ motion to dismiss in the Cohen v. Capital One case.

SFA News

Court Grants Motion To Dismiss Petersen V. Chase Case

On Monday, September 21, the U.S. District Court for the Western District of New York granted the defendants' motion to dismiss in the Petersen v. Chase case following a magistrate’s recommendation to dismiss the case in January.

Industry News

Delaware Chancery Court Ruling Limits National Collegiate Founder Clout

Last Thursday, August 27, Vice Chancellor Joseph R. Slights III of the Court of Chancery for the State of Delaware ruled that a private equity founder has little control and no benefit in control of over $15 billion in student loan securitizations in the consolidated litigation related to the case of CFPB v. National Collegiate Student Loan Master Trusts

Industry News

Colorado ‘True Lender’ Litigation Settled

On Tuesday, August 18, the parties to the litigation by the Attorney General of Colorado, as Administrator of the Colorado Uniform Consumer Credit Code, against Avant and Marlette have agreed to settle the litigation

Industry News

Colorado Court Upholds OCC’s Rule on Valid-When-Made Loans

On Thursday, August 13, a federal court in Colorado ruled that the OCC’s new rule on interest rates on bank-sold loans is valid, but remanded a bankrupt company’s dispute over the “true lender” of the loan.

Industry News

Court Rules in Favor of Investors in Lehman “Flip Clause” Case

On August 11, the U.S. Court of Appeals for the Second Circuit decided that investors should keep roughly $1 billion received from various Lehman Brothers affiliates after the 2008 bankruptcy filing of Lehman Brothers Holdings, Inc. triggered the liquidation of dozens of collateralized debt obligations. The case centers on the treatment of so-called “flip clauses” in a securitization waterfall which redirect and reprioritize cash flows upon bankruptcy, and often are included in securitizations that include swaps. Citing SFA’s amicus brief to support its decision, the Second Circuit’s ruling affirmed the district court order dismissing Lehman’s complaint in its entirety.

Industry News

Hertz Reaches Temporary $650 Million Deal in Bankruptcy Case

In a filing with the U.S Bankruptcy Court of the District of Delaware on Monday, Hertz Global Holdings Inc. announced that it has reached a temporary $650 million deal regarding its decision to reduce the size of its leased fleet.

SFA News

SFA Files Amicus Brief in CFPB v. NCSLT Case

This Monday, July 20, SFA formally filed its amicus curiae brief in the Consumer Financial Protection Bureau v. The National Collegiate Master Student Loan Trust, et al. case with the U.S. District Court for the District of Delaware.

SFA News

SFA Files Amicus Brief related to CFPB v. National Collegiate Student Loan Trusts Case

On Tuesday, June 30, SFA filed an amicus brief with Delaware Chancery Court related to the CFPB v. National Collegiate Student Loan Trusts Case.

Industry News

SCOTUS Rules CFPB’s Leadership Provisions Unconstitutional: Gives President Unfettered Right to Fire Director – While Upholding the Constitutionality of the CFPB Itself

The U.S Supreme Court invalidated the limitation of the powers of the President to fire the Director of the Consumer Financial Protection Bureau (CFPB) in Seila Law LLC v. Consumer Financial Protection Bureau decision.