Banking Cases to Watch on the Supreme Court's Fall Docket

摘要

Fall brings autumnal colors, football and, for those of us following litigation, the fail term of the U.S. Supreme Court. While banking rarely has the headline cases, there are several ABA is watching, including one-Hawkins v. Community Bank of Raymore-argued on the Court's opening day. Hawkins v. Community Bank of Raymore presents the issue of whether spousal guarantors aree applicants for purposes of the Equal Credit Opportunity Act. The case involves the spouses of two owners of a failed real estate company. The spouses claimed that the bank unlawfully required them to guarantee loans made by their husbands, arguing that the bank violated ECOA and an implementing Regulation B requirement that prohibits discrimination by a creditor against an "applicant" on the basis of marital status. Regulation B defines "applicant" to include guarantors.