He also routinely represents financial institutions and other creditors throughout the nation regarding restructurings, workouts, bankruptcies and the defense of lender liability
The case law about CERCLA or SARA and lender liability
or loss is still developing.
4494, to deal with the problem of lender liability
. The bill is designed to clarify the original intent of Congress by saying that the exemption of lending institutions from inappropriate Superfund liability extends not only when they hold a security interest, but also when they exercise their rights in that securty interest.
The NRC is concentrating on indoor air regulations and has concerns over possible lender liability
for hazardous waste.
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.
On April 29, 1992, EPA promulgated its Lender Liability
Rule in an attempt to relieve lenders of their liability concerns.
Adams and Reese banking practice includes: Regulatory; Compliance; Mergers and Acquisitions; Formations; Capital Planning; Enforcement Actions; Payment and Investment Systems; Checks, Drafts, and Other Electronic Transactions; Corporate Trusts; Asset Based and Secured Lending; Bankruptcy and Workouts; Structured Finance/Restructuring; Letters of Credit; Financial Derivatives; Public Finance; Tax Credit Investment; Banking, Employment, Mortgage Servicing and Lender Liability
Litigation; and Expert Witness Services.
However, since the enactment of the federal law known as The Asset Conservation, Lender Liability
and Deposit Insurance Act of 1996, there has been somewhat of a rebound in this lending activity.
This has been exemplified by the history of judicial treatment of CERCLA's secured-party exemption - the critical legal linchpin in determining lender liability
Principal practice areas are commercial litigation, lender liability
and workout litigation, creditors' rights, bankruptcy, insurance, real estate and real estate finance, corporate and transactional law, and family law.
The Act amends the New Jersey Lender Liability
Law to incorporate a federal provision that provides protection in connection with underground storage tanks (USTs), provided the USTs are emptied and closed according to specified criteria within 60 days of any foreclosure, or, with respect to lenders which have already foreclosed on the property, within 60 days of January 6, 1998.
The Environmental Protection Agency's (EPA's) long-awaited rule on lender liability
under the Comprehensive Environmental Response Compensation and Liability Act, or CERCLA, was announced by President Bush and released by the White House on April 24, 1992.