COMPLETE GUIDE TO PROTECTING YOUR LOAN PORTFOLIO
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COMPLETE GUIDE TO PROTECTING YOUR LOAN PORTFOLIO

About the Book

About the Author

Peter Clarke
Peter Clarke

Peter S. Clarke, is a former banker with over 30 years experience in commercial lending and loan/credit administration with multibillion dollar banking institutions staring with Citibank in New York, and then moving to the former Texas Commerce Bank in Houston now Chase, and then to the Great Western Bancorp now Wells Fargo, and finally to Frost Bank in Houston. He has also been with The WFA Group, headquartered in Houston, Texas, for over 20 years. This Group provides collateral field exams on all types and sizes of credits for banks and non banks around the country. Besides A/R, Inv., Notes, and Special Projects, the company does any type of collateral field exam involving a working capital loan secured by real estate or personal property assets. In addition, The WFA Group also provides all types of machinery and equipment appraisals involving any type business or industry including full inspections, limited scope inspections (with the balance completed on a desktop),including giving value for in place installed equipment, and full desktops from its office. Appraisal values include Fair Market, Orderly Liquidation, and For Sale Liquidation (private or auction), and in place values where applicable.

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
  • 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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