COMPLETE GUIDE TO PROTECTING YOUR LOAN PORTFOLIO
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COMPLETE GUIDE TO PROTECTING YOUR LOAN PORTFOLIO
About the Book
About the Author
Table of Contents
-
- DESCRIPTION
- ABOUT THE AUTHOR
- PREFACE
- INTRODUCTION
-
CHAPTER 1
- 1.01 General
- 1.02 Policy Exceptions
- 1.03 Problem Loan Evidence
- 1.04 Independent Loan and Audit Reviews
- 1.05 Evaluating the Risk
- 1.06 Problem Loans
- 1.07 Financial Reviews
- 1.08 Follow – Up Approach in Protecting Loan Portfolios
- 1.09 Formal Commitment Agreements
- 1.10 Contractors
- 1.11 Warning Signs
- 1.12 Electronic Systems Use
- 1.13 Compliance Checks
- 1.14 Miscellaneous Problem Loans
- 1.15 Indirect Loans
- 1.16 Floor Plan Arrangements
- 1.17 Conditional Sales Contracts and Lease Financing
- 1.18 Business Problems
- 1.19 Follow – Up after Problem Loan Identification
- 1.20 Government Oversight
- 1.21 Examination Grading Changes
- 1.22 Different Responsibility of Support Staff
- 1.23 Loan Default Provisions
- 1.24 Remedial Action Once a Problem is Detected
- 1.25 Other Problem Loan Considerations
- 1.26 Handling Commercial Loan Delinquencies
- 1.27 Handling Installment Loan Delinquencies
- 1.28 Problem Loan Committees
- 1.29 Nonaccrual Loan Status
-
CHAPTER 2
- 2.01 Introduction
- 2.02 Priority Collateral Position
- 2.03 Collateral Perfection
- 2.04 The Debtor and Taxing Authorities
- 2.05 Environmental Concerns
- 2.06 Collateral Oversight
- 2.07 Guarantors and Endorsements
- 2.08 Control of Collateral
-
CHAPTER 3
- 3.01 Introduction
- 3.02 Alternate Debt Financing
- 3.03 Obtaining Additional Collateral
- 3.04 Debt Repayment Plan
- 3.05 Restructured Loans
- 3.06 FASB 114 – Loan Impairment
- 3.07 Action Plans
- 3.08 The Function of the Problem Loan Specialist
- 3.09 Loan Officer and Bank Attitudes
- 3.10 Determining the Bank’s Collateral Position
- 3.11 Third-Party Collateral, Guarantees, and Subordinations
- 3.12 Planning the Workout
- 3.13 Dealing with Guarantors
- 3.14 Borrower and Guarantor Judgment and Recordation Arrangements
- 3.15 Recommendations on Handling the Workout
- 3.16 Advancing New Money
- 3.17 Solvency of the Borrower
-
CHAPTER 4
- 4.01 Introduction
- 4.02 Foreclosure
- 4.03 FASB Accounting Treatment
- 4.04 Capitalization of Interest
- 4.05 Accounting for Troubled Commercial and Industrial and Real Estate Debt Restructures
- 4.06 CASH-BASIS INTEREST RECOGNITION
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CHAPTER 5
- 5.01 Introduction
- 5.02 Improper Control
- 5.03 Termination of Credit under Discretionary Lending or Due on Demand Provisions
- 5.04 Liability Arising From a “Special Relationship”
- 5.05 Environmental Liability
- 5.06 Further Underlying Concerns and Protective Initiatives
-
Chapter 6
- 6.01 Introduction
- 6.02 Standstill or Moratorium Agreements
- 6.03 Potential Bank Violations– Reasonable Care Standards
- 6.04 The Deceptive Trade Practices (DTP) Act
- 6.05 Fraudulent (Knowing) or Negligent Misrepresentations
- 6.06 Violations of State Consumer Codes, Insurance Laws, Deceptive Practices, and the Consumer Protection Agency (Bureau):
- 6.07 Other Potential Violations
- 6.08 Damages and Penalties
-
CHAPTER 7
- 7.01 Introduction
- 7.02 Precautions
- 7.03 Setting off Accounts
- 7.04 Action against Personal Property after Default
- 7.05 Post Foreclosure Considerations
- 7.06 Lessons to Learn In Preventing and Collecting Problems Loans
- 7.07 General Procedures in Maintaining Safe Loans
- 7.08 Use of Attorneys
-
CHAPTER 8
- 8.01 Introduction
- 8.02 Defaults in Security Agreements
- 8.03 Repossessions and Collateral Sales
-
CHAPTER 9
- 9.01 Introduction
- 9.02 Conducting the Sale
- 9.03 Determining the Sales Price
-
CHAPTER 10
- 10.1 Introduction
- 10.02 Preparing For Foreclosure
- 10.3 Real Estate Sales
-
CHAPTER 11
- 11.01 Introduction
- 11.02 Setting Off Before Bankruptcy
- 11.03 Business Accounts
- 11.04 Floating Lien Collateral Improvement Tests
- 11.05 Other Control Issues
- 11.06 Bulk Sales
- 11.07 The Basics
- 11.08 The Bankruptcy Court System
- 11.09 Commencement of the Case
- 11.10 The Chapters of Bankruptcy
- 11.11 Conversations of Cases from One Chapter to Another
- 11.12 Adversary Procedures and Contested Matters
- 11.13 Executory Contracts
- 11.14 Contractor Bankruptcies
- 11.15 Conclusion
-
CHAPTER 12
- 12.01 Introduction
- 12.2 Automatic Stay Prohibitions
- 12.3 Particular Problems of Right of Setoff
- 12.4 Exceptions To The Automatic Stay
- 12.5 Obtaining Relief from the Automatic Stay
- 12.6 Modification for Cause
- 12.7 No Equity/No Plan
- 12.8 Living with the Automatic Stay
-
CHAPTER 13
- 13.1 Introduction
- 13.2 Proof of Claim Process
- 13.03 Transfer of Claims
- 13.04 Priority among Claims
- 13.05 Bifurcated Claims of Under Secured Creditors
- 13.06 Valuation and Estimation of Claims
-
CHAPTER 14
- 14.01 Introduction
- 14.02 Preferences
- 14.3 Defenses to Preference Actions
- 14.04 Fraudulent Transfers and Conveyances
-
CHAPTER 15
- 15.01 Introduction
- 15.02 The Rules Following Bankruptcy
- 15.03 Conclusion
-
CHAPTER 16
- 16.01 Introduction
- 16.02 Court Authorized Borrowing
- 16.03 Use of Cash Collateral
-
CHAPTER 17
- 17.01 Introduction
- 17.02 Prefiling Considerations
- 17.03 First Day Problems
- 17.04 Preliminary Disputes
- 17.05 Moving Towards a Plan
- 17.06 Creditors’ Committees in Chapter 11
- 17.07 The Confirmation Process
-
CHAPTER 18
- 18.01 Introduction
- 18.02 Prefiling Considerations
- 18.03 Initial Steps after the Filing
- 18.04 Seeking Stay Relief
- 18.05 Plan Negotiations
- 18.06 Special Real Estate Considerations for the Lender
- 18.07 Disclosure Statement Litigation
- 18.08 Dealing with Valuation Questions
- 18.09 Plan Issues
- 18.10 The Section 1111(b) Election
- 18.11 Conclusion
- CHAPTER 19
- 19.01 Introduction
- 19.02 From Filing to Confirmation
- 19.03 Conclusion
-
CHAPTER 20
- 20.01 Introduction
- 20.02 Initial Steps
- 20.03 Recovery of Collateral
- 20.04 First Meeting of Creditors
- 20.05 Challenging Elimination Claims by an Individual Debtor
- 20.06 Later Acquired Property of Individual Debtors
- 20.07 Dischargeability of Debts and Discharge Objectives
- 20.08 Reaffirmation
- 20.09 Conclusion
-
CHAPTER 21
- 21.01 General
- 21.02 Additional Requirements
- 21.03 Control Register
- 21.04 Reclamation (Charge-Off/Recovery) Department/Section
- 21.05 Trustees: They Only Communicate In Writing
- 21.06 Income and Expense Savings Opportunities
- 21.07 Departmental Management, Staffing, and Expense
- 21.08 Charge-Off/Recovery Policies and Procedures
- 21.09 Use of Attorneys
- 21.10 Purging Procedures
- 21.11 Follow-Up to Bankruptcy Procedures
- 21.12 Fair Debt Collection Practices Act
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