Category Archives: Lending Updates

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Lenders Beware — California decision may ignite next wave of lender liability litigation

By Reed Mercado  In a recent decision from the California Court of Appeals entitled Jolley v. Chase Home Finance, LLC, the Court severely curtailed lenders’ ability to dispose of lender liability claims on summary judgment, thereby adopting a marked departure from existing law. In so doing, the Court admonished lenders that the “world [has been] … Continue Reading

Tribal Corporate Bankruptcy Petition Raises Issues of First Impression for Bankruptcy Court

By Christine Swanick, Carren Shulman, Wilda Wahpepah, and Shawn Watts On March 4, 2013, ‘SA’ NYU WA, Inc., a tribally-chartered corporation wholly owned by the Hualapai Indian Tribe, filed a Chapter 11 bankruptcy petition in the United States Bankruptcy Court, District of Arizona. This is a very important case for tribes and any party conducting … Continue Reading

Lenders Beware – Oral Statements may Trump Written Agreements

By Kristy Young The California Supreme Court recently held that a borrower may rely upon oral promises to support a fraud claim against its lender even when such oral promises contradict the written agreement. In Riverisland Cold Storage, Inc. v. Fresno-Madera Production Credit Association, 55 Cal. 4th 1169 (2013), borrowers, after falling behind on their … Continue Reading
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