Creditors May Collaborate To Avoid Borrower Default

Law360, New York (July 24, 2013, 4:09 PM EDT) -- The antitrust laws prohibit financial institutions from agreeing on the loan rates they charge borrowers. But several judicial rulings, and the Supreme Court's recent decision to leave those rulings in place, suggest that financial institutions may work together to address the repayment of existing debt when a borrower is at risk of default. If lenders can indeed work together to set up a payment plan in those situations, the outcomes may be better and more efficient for creditors and borrowers alike.

The Circuit Courts' Agreement

Three U.S. Circuit Courts of Appeals have now confirmed that creditors may jointly negotiate terms when...

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