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Tuesday, April 12, 2011
Monday, April 11, 2011
Troubled Bank Templates
Re-posted by Houston Lawyer - A recent complaint filed by the FDIC against former officers and directors of a failed bank followed what's become a fairly standard template. Although the Jacksonville (MO) JournalCourier calls the lawsuit a "fairly untypical maneuver," those of us who represent troubled banks and thrifts find the "maneuver" anything but "untypical."
In the case of Corn Belt Bank, which failed in 2009, the FDIC found five loans that caused losses to the bank ("Loss Loans"), alleged that the former directors and officers were negligent or grossly negligent in making the loans because they were improperly underwritten, and that the officers and directors breached their fiduciary duties to the bank. The former officers and directors failed to adequately inform themselves of the relevant risks and acted recklessly in approving them. In addition, the FDIC alleges undue loan concentration, out-of-area lending, high loan-to-value ratios, and overall weak loan administration. Finally, the FDIC alleges that regulatory examiners "repeatedly warned" the bank of these risks and the bank chose to ignore these warnings.
In another complaint filed by the FDIC against former officers and directors of Heritage Community Bank, which also failed in 2009 (and which we discussed a few months ago), the FDIC also alleged negligence, gross negligence and breach of fiduciary duty. In the Heritage Bank complaint, the bank, as is the case with many community banks that have failed and are expected to fail, grew rapidly by concentrating on commercial real estate loans, which went south when the economy crashed in 2008. According to the FDIC, the underwriting and loan administration and monitoring policies and procedures of the bank were deficient, which resulted in "Loss Loans" being made by the bank. The FDIC also alleges that instead of dealing conservatively with losses when they should have become evident by accurately classifying loans, increasing reserves, and preserving capital, the officers and directors "masked" the losses, continued to make deficient CRE loans, and, as a result, compounded the ultimate losses from those poorly underwritten loans. Again, the FDIC alleges that examiners warned the bank of these risks and that the warnings were ignored. In addition to losses on CRE loans, the FDIC is claiming losses on unjustified dividends and incentive payments made by the bank and claims specifically that the bank's former CFO was grossly negligent in failing to ensure that adequate reserves and capital were maintained, in advising that dividends and incentive compensation payments were proper, and in inaccurately advising the board of directors that interest on non-accrual loans "has only been deferred." Finally, the FDIC makes much of the bank's "undue concentration" on commercial real estate lending (responses to which we featured in our previous post linked above and in an earlier post from 2010).
None of these allegations is "untypical," based on what we've seen thus far. In fact, these types of allegations are standard stuff. As I've discussed in the past, many community banks focused on commercial real estate and today are bearing the bitter fruit of that concentration. The Monday morning quarterbacking will continue. The fun has only begun. [www.banklawyersblog.com]
In the case of Corn Belt Bank, which failed in 2009, the FDIC found five loans that caused losses to the bank ("Loss Loans"), alleged that the former directors and officers were negligent or grossly negligent in making the loans because they were improperly underwritten, and that the officers and directors breached their fiduciary duties to the bank. The former officers and directors failed to adequately inform themselves of the relevant risks and acted recklessly in approving them. In addition, the FDIC alleges undue loan concentration, out-of-area lending, high loan-to-value ratios, and overall weak loan administration. Finally, the FDIC alleges that regulatory examiners "repeatedly warned" the bank of these risks and the bank chose to ignore these warnings.
In another complaint filed by the FDIC against former officers and directors of Heritage Community Bank, which also failed in 2009 (and which we discussed a few months ago), the FDIC also alleged negligence, gross negligence and breach of fiduciary duty. In the Heritage Bank complaint, the bank, as is the case with many community banks that have failed and are expected to fail, grew rapidly by concentrating on commercial real estate loans, which went south when the economy crashed in 2008. According to the FDIC, the underwriting and loan administration and monitoring policies and procedures of the bank were deficient, which resulted in "Loss Loans" being made by the bank. The FDIC also alleges that instead of dealing conservatively with losses when they should have become evident by accurately classifying loans, increasing reserves, and preserving capital, the officers and directors "masked" the losses, continued to make deficient CRE loans, and, as a result, compounded the ultimate losses from those poorly underwritten loans. Again, the FDIC alleges that examiners warned the bank of these risks and that the warnings were ignored. In addition to losses on CRE loans, the FDIC is claiming losses on unjustified dividends and incentive payments made by the bank and claims specifically that the bank's former CFO was grossly negligent in failing to ensure that adequate reserves and capital were maintained, in advising that dividends and incentive compensation payments were proper, and in inaccurately advising the board of directors that interest on non-accrual loans "has only been deferred." Finally, the FDIC makes much of the bank's "undue concentration" on commercial real estate lending (responses to which we featured in our previous post linked above and in an earlier post from 2010).
None of these allegations is "untypical," based on what we've seen thus far. In fact, these types of allegations are standard stuff. As I've discussed in the past, many community banks focused on commercial real estate and today are bearing the bitter fruit of that concentration. The Monday morning quarterbacking will continue. The fun has only begun. [www.banklawyersblog.com]
Re-posted by Houston Lawyer
Sunday, April 10, 2011
18-year-Old Struck in Orange, California Pedestrian Accident Falls to His Death on the 57 Freeway
Re-posted by Houston Lawyer - Cameron Cook, 18, died early Sunday, from injuries that he sustained in an Orange, California car accident on Saturday night. Cook was standing outside a disabled 2001 Chevrolet Camaro on the 57 when a Honda Civic driven by 24-year-old Highland resident Ashley Bryan struck the disabled vehicle. The car hit Cook, pushing him over an overpass railing.
Cook fell some 50 to 60 feet before landing on a concrete embankment under the freeway. He was transported to UCI Medical Center where he was later pronounced dead.
Also injured was Logan Vescio, 18, who had been seated in the disabled Camaro. He sustained facial abrasions. Bryan was also hurt. She is charged with felony vehicular manslaughter while intoxicated and other criminal charges. Police say that her BAC was .17%, which is over twice the legal limit.
California Pedestrian Accidents
A pedestrian that gets hit by a vehicle moving at speeds of 65 mph or greater has no protection from the force of impact during this type of Orange County, California car crash. According to the CHP there were 164 California pedestrian deaths on freeways in 2009. There were 185 California pedestrian deaths on freeways in 2008.
Comparative Fault
California is a comparative fault state. Unlike comparative negligence states, where a victim has to be less than 51% at fault to recover compensation, or contributory negligence states, where if the victim is even a little at fault then he/she cannot recover anything, in this state, an injury victim who files a California personal injury complaint may be able to recover California injury damages as long as he/she isn't determined to be 100% at fault.
It is important to make sure that you or your family is represented by an experienced Orange, California personal injury law firm that knows how to prove that the other party was liable for your injuries. [http://www.californiainjurylawyersblog.com]
Cook fell some 50 to 60 feet before landing on a concrete embankment under the freeway. He was transported to UCI Medical Center where he was later pronounced dead.
Also injured was Logan Vescio, 18, who had been seated in the disabled Camaro. He sustained facial abrasions. Bryan was also hurt. She is charged with felony vehicular manslaughter while intoxicated and other criminal charges. Police say that her BAC was .17%, which is over twice the legal limit.
California Pedestrian Accidents
A pedestrian that gets hit by a vehicle moving at speeds of 65 mph or greater has no protection from the force of impact during this type of Orange County, California car crash. According to the CHP there were 164 California pedestrian deaths on freeways in 2009. There were 185 California pedestrian deaths on freeways in 2008.
Comparative Fault
California is a comparative fault state. Unlike comparative negligence states, where a victim has to be less than 51% at fault to recover compensation, or contributory negligence states, where if the victim is even a little at fault then he/she cannot recover anything, in this state, an injury victim who files a California personal injury complaint may be able to recover California injury damages as long as he/she isn't determined to be 100% at fault.
It is important to make sure that you or your family is represented by an experienced Orange, California personal injury law firm that knows how to prove that the other party was liable for your injuries. [http://www.californiainjurylawyersblog.com]
Re-posted by Houston Lawyer
Friday, April 8, 2011
Florida Estate Planning Lawyer Blog - New Post: Do You Trust the Florida Trustee?
Re-posted by Houston Lawyer - As a Jacksonville Beach Estate Planning Attorney I have heard countless stories of trustees who have been entrusted to administer, distribute, and account for trust funds to family members and beneficiaries . . . who DON'T!
Sad but true, the death of a grantor, trustor, or settlor of a trust fund may reign in the terror and unabashed greed of many trustees.
The Florida Trust Code provides that a Trustee of an irrevocable trust is required to keep beneficiaries of the trust fund informed about the trust and its administration. <a href="http://www.jacksonvillelawyer.pro/lawyer-attorney-1335101.html" target=new>Florida Revocable Trusts</a> become irrevocable upon the death of one or all of the grantors. Florida Statutes also dictate that the trustee make available to all beneficiaries certain accountings which will among other things:
• Show all cash and property transactions and all significant transactions affecting administration during the accounting period, including compensation paid to the Trustee; and
• Reflect the allocation of receipts, disbursements, accruals, or allowances between income and principal when the allocation affects the interest of any beneficiary of the trust.
If you are a Qualified Beneficiary of a Florida Trust and believe you are not receiving the information you are entitled to from a Trustee, contact a Jacksonville Beach Trust Attorney who can discuss with you several options on how you can remedy your situation. [www.guntrustlawyer.com]
Re-posted by Houston Lawyer
Sad but true, the death of a grantor, trustor, or settlor of a trust fund may reign in the terror and unabashed greed of many trustees.
The Florida Trust Code provides that a Trustee of an irrevocable trust is required to keep beneficiaries of the trust fund informed about the trust and its administration. <a href="http://www.jacksonvillelawyer.pro/lawyer-attorney-1335101.html" target=new>Florida Revocable Trusts</a> become irrevocable upon the death of one or all of the grantors. Florida Statutes also dictate that the trustee make available to all beneficiaries certain accountings which will among other things:
• Show all cash and property transactions and all significant transactions affecting administration during the accounting period, including compensation paid to the Trustee; and
• Reflect the allocation of receipts, disbursements, accruals, or allowances between income and principal when the allocation affects the interest of any beneficiary of the trust.
If you are a Qualified Beneficiary of a Florida Trust and believe you are not receiving the information you are entitled to from a Trustee, contact a Jacksonville Beach Trust Attorney who can discuss with you several options on how you can remedy your situation. [www.guntrustlawyer.com]
Re-posted by Houston Lawyer
Monday, April 4, 2011
Save Your Money on Music Contracts
How much would you guess at an entertainment attorney should charge hourly to draft music contract for you. Would you guess $25, $50, $100, or more. Here, I wish safely assume that you must not spent your money for that kind of attorney’s commissions.
Attorney’s commissions can be taken easily from your necessities of music contract like studio recording, payroll, publishing, entertaining clients, advertising,etc. These activities will processed day to day while you spend your money more and more. Don’t let this unnecessary thing occured to you, because your money is better spent elsewhere.
When you hire an entertainment attorney, you should pay bill for paralegals or legal secretaries who make the contract. The attorney is a boss who lead this law firm and get money without any exhausted job. Keep in mind when you hire an attorney, you have to pay bill for him and his paralegals who make the contract.
While, there is easier way to safe your money on music contract is by using music contract forms that cover every aspect of the music business. You may fill this form all about distribution, manufacturing, royalties, copyrights, publishing, etc. When it is all over, you can ask your attorney to review it. Here, you only be billed for 20 minutes as opposed to 5 hours. [Houston Lawyer]
Attorney’s commissions can be taken easily from your necessities of music contract like studio recording, payroll, publishing, entertaining clients, advertising,etc. These activities will processed day to day while you spend your money more and more. Don’t let this unnecessary thing occured to you, because your money is better spent elsewhere.
When you hire an entertainment attorney, you should pay bill for paralegals or legal secretaries who make the contract. The attorney is a boss who lead this law firm and get money without any exhausted job. Keep in mind when you hire an attorney, you have to pay bill for him and his paralegals who make the contract.
While, there is easier way to safe your money on music contract is by using music contract forms that cover every aspect of the music business. You may fill this form all about distribution, manufacturing, royalties, copyrights, publishing, etc. When it is all over, you can ask your attorney to review it. Here, you only be billed for 20 minutes as opposed to 5 hours. [Houston Lawyer]
Sunday, April 3, 2011
Things Must You Do When Suffered by Mesothelioma
Mesothelioma is a rare cancer caused by repeated exposure to asbestos. When you have been diagnosed with Mesothelioma, you need aid from a mesothelioma attorney to help you cope with this illness. You may entreat your former employer to cover your medical bills, pain and suffering, and punitive damages if your former employer was blatantly negligent in failing to provide you with protective measures. You will need a mesothelioma attorney to stand with you in bringing a civil court action against your former employer. Again, an expert mesothelioma attorney will assist your family in obtaining a fair settlement or field judgment.
Mesothelioma attorneys who skilled in this field of law are tricky to find. You do not want an apprentice who has never tried a case like this before! These cases need spacious medical knowledge and the competence to seek out information that will assist you win your case. So, do not hesitate to ask the attorney about his experience in this area and how many cases that he has handled and win.
It’s well-known that mesothelioma is a cruel form of cancer with a poor prognosis. You have to keep your mesothelioma advice about your medical condition is either improving or decreasing. You will also need to share all information about your condition so that your mesothelioma attoney can talk with your physician and mental health provider about your condition. [houston lawyer]
Mesothelioma attorneys who skilled in this field of law are tricky to find. You do not want an apprentice who has never tried a case like this before! These cases need spacious medical knowledge and the competence to seek out information that will assist you win your case. So, do not hesitate to ask the attorney about his experience in this area and how many cases that he has handled and win.
It’s well-known that mesothelioma is a cruel form of cancer with a poor prognosis. You have to keep your mesothelioma advice about your medical condition is either improving or decreasing. You will also need to share all information about your condition so that your mesothelioma attoney can talk with your physician and mental health provider about your condition. [houston lawyer]
Saturday, April 2, 2011
Resolve Personal Injury Case By Yourself
When you have a big personal injury case, you may want to resolve it yourself without any assistance of a Personal Injury Attorney. You will have little chance of effectively advancing your case, which is why you must do this eventually.
One of the first things you must know that Personal Injury Attorneys will consistently try to make you feel time is running out on your claim. They can make you think that if you do not claim now, the opportunity to win is gone.
However, if your case is serious thing, you must consult to a Personal Injury Attorney who can provide you professional advice. But do not forget that some attorneys like businessman, when they know your case has great potential to bring out a high outcome in compensation, they will put this opportunity to become rich. This is simply because you is their customer who buy their product.
But some Personal Injury Attorneys are kind people who want to help you honestly. Bill you paid is your appreciation for their aid. So, make best choice for your personal injury case.
One of the first things you must know that Personal Injury Attorneys will consistently try to make you feel time is running out on your claim. They can make you think that if you do not claim now, the opportunity to win is gone.
However, if your case is serious thing, you must consult to a Personal Injury Attorney who can provide you professional advice. But do not forget that some attorneys like businessman, when they know your case has great potential to bring out a high outcome in compensation, they will put this opportunity to become rich. This is simply because you is their customer who buy their product.
But some Personal Injury Attorneys are kind people who want to help you honestly. Bill you paid is your appreciation for their aid. So, make best choice for your personal injury case.
Friday, April 1, 2011
How to find Cheap Bankruptcy Attorneys
In this era, it is not surprising to get people hit by bankruptcy. In order to restrict abusing of bankruptcy claim, a new law called the Bankruptcy Abuse and Consumer Protection Act, was passed in 2005. If you are in a serious and severe financial problem, the right thing to do is file for bankruptcy. But before you do that you would have to find a cheap bankruptcy attorney who can explain to you all about bankruptcy issues and can give you a good deal.
Your livelihood to find cheap bankruptcy Attorneys can begin with your family and friends who have experience in bankruptcy case, they must be able to recommend you some names. If you know an attorney, he or she might be able to refer you to some good bankruptcy attorney.
Bankruptcy is a difficult legal process, therefore, it is important to have a bankruptcy attorney who expert in legal methods and all bankruptcy issues. Usually, the first meeting for advice and counsel with a bankruptcy attorney is free, so ensure how your real financial situation is, before meet with him or her. Once you have hired a bankruptcy attorney, prepare for him or her a list of all the debts that you have, include credit cards, medical bills, loans, cars, etc. Make sure you understand what your bankruptcy attorney explain to you. If you have any questions, do not be hesitant to ask him.
A good bankruptcy attorney will give you clever advice on how to obtain your financial situation back on track. A good attorney support you with repayment plans and debt management. Before you finalize your choice make sure you share a comfort level with your bankruptcy attorney.
Your livelihood to find cheap bankruptcy Attorneys can begin with your family and friends who have experience in bankruptcy case, they must be able to recommend you some names. If you know an attorney, he or she might be able to refer you to some good bankruptcy attorney.
Bankruptcy is a difficult legal process, therefore, it is important to have a bankruptcy attorney who expert in legal methods and all bankruptcy issues. Usually, the first meeting for advice and counsel with a bankruptcy attorney is free, so ensure how your real financial situation is, before meet with him or her. Once you have hired a bankruptcy attorney, prepare for him or her a list of all the debts that you have, include credit cards, medical bills, loans, cars, etc. Make sure you understand what your bankruptcy attorney explain to you. If you have any questions, do not be hesitant to ask him.
A good bankruptcy attorney will give you clever advice on how to obtain your financial situation back on track. A good attorney support you with repayment plans and debt management. Before you finalize your choice make sure you share a comfort level with your bankruptcy attorney.
Monday, March 28, 2011
Asbestos Lawyer for Public Health
One of the scariest things happened to any person is being identified with a deadly sickness. Especially if the disease you've suffered is the result of your unsafe work-place. For several years, it has been well-known that much of asbestos dusts are harmful to your physical condition. Many People were exposed to asbestos throughout the past 30+ years in the same time as working in industries such as shipbuilding, construction, and factory. If that's the case, it's time for you to seek up the help of an asbestos public health attorney.
Attorneys specializing in asbestos-interrelated disorders are expert in all within the legislative system dealing with health and protection. They're well spoken about OSHA (Occupational security and health Administration) requirements that focus on protection concerns for maritime, development, manufacturing, service and other work sites. This group is skilled for taking a near look at asbestos publicity upon the job and it has come up with definite system that factories have to follow. All manufacturing must ensure that their worker are perfect protected anytime from asbestos that being present in the workplace.
Do not be hesitate to report your issues to your protection and health representative if you feel that you are suffering from asbestos disease. They will check workplace circumstances that must meet all OSHA requirements. They must make certain that you use safe equipment and follow all recommended methods in work. You can also contact OSHA directly if you think you are not receiving aid that you need from your factory's protection representative.
Asbestos publicity attorneys are provided for you if you've been diagnosed with an asbestos disease. They will stand for you in courtyard and present your condition using the best latest information available regarding OSHA and security regulations of government. These attorneys want you to become fairly salaried for the health check cost you have gotten because of your factory's failure to safe you from a risky thing.
Attorneys specializing in asbestos-interrelated disorders are expert in all within the legislative system dealing with health and protection. They're well spoken about OSHA (Occupational security and health Administration) requirements that focus on protection concerns for maritime, development, manufacturing, service and other work sites. This group is skilled for taking a near look at asbestos publicity upon the job and it has come up with definite system that factories have to follow. All manufacturing must ensure that their worker are perfect protected anytime from asbestos that being present in the workplace.
Do not be hesitate to report your issues to your protection and health representative if you feel that you are suffering from asbestos disease. They will check workplace circumstances that must meet all OSHA requirements. They must make certain that you use safe equipment and follow all recommended methods in work. You can also contact OSHA directly if you think you are not receiving aid that you need from your factory's protection representative.
Asbestos publicity attorneys are provided for you if you've been diagnosed with an asbestos disease. They will stand for you in courtyard and present your condition using the best latest information available regarding OSHA and security regulations of government. These attorneys want you to become fairly salaried for the health check cost you have gotten because of your factory's failure to safe you from a risky thing.
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