Student Loan Relief is Extended, But Court Relief Remains Elusive

A respite, however brief, can be refreshing, but the hope is always for more lasting change. For student loan borrowers, the hope has been for COVID-19 loan forbearance to lead to loan forgiveness. Such sweeping action doesn’t appear likely soon. But, there is an alternative that would be more targeted to the neediest borrowers and be more palatable to conservatives in Congress: making bankruptcy...

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Rethinking Your Approach to Insurance

There are pitfalls that those in asset-based financing should be mindful of, particularly when it comes to insurance and protecting collateral against loss. We spoke with Jack Schwartz, managing director of Davis+Gilbert Risk Management LLC, about key issues to keep in mind when buying policies. Jack has been working with clients for over 15 years with a particular emphasis on real estate and...

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Can regulators pursue lenders for subprime auto defaults?

Joseph Cioffi and Nicole Serratore's article, “Can regulators pursue lenders for subprime auto defaults?,” was published in Westlaw Today. Click here to view the full article.

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Regulators Are Coming, but Can They Corral the Crypto Multiverse?

Making order out of a multiverse is an extraordinarily difficult task, just ask DC Comics, which has struggled to achieve the success of its rival, Marvel, to create a coherent narrative for its popular superheroes. Regulators in Washington, D.C. and elsewhere must do better if they hope to create a comprehensive regulatory framework for an ever-expanding multiverse of digital coins and digital...

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3rd Annual 360 Degree Credit Chronometer Report with Joseph Cioffi, Partner at Davis+Gilbert

Joseph Cioffi was interviewed for an ValueWalk's Value Talks podcast episode, "3rd Annual 360 Degree Credit Chronometer Report with Joseph Cioffi, Partner at Davis + Gilbert," July 19, 2021

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SCOTUS Raises the Bar for Standing in Consumer Protection Claims

Lenders, servicers and others regulated by consumer protection statutes may be able to rest a bit easier following the U.S. Supreme Court’s recent decision in TransUnion LLC v. Ramirez (Ramirez), where the Court filtered out over 75% of claimants in a consumer class action because they did not suffer actual harm from the alleged statutory violations. The Ramirez decision is also potentially...

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In a World Where Subprime Auto Lending Is Illegal

The deep voiced “In a world . . .” movie trailer narrator is no longer with us, but his legacy lives on, calling us to imagine the unthinkable as we brace for a post–pandemic future. While we enter what we expect to be a moment of increased scrutiny from regulators and legislators with respect to lending and consumer protection, it’s not unreasonable to ask: could subprime auto lending...

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