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ARTICLE · 09 MAY 2024

What 3rd Circ. Trust Ruling Means for Securitization Market

Hogan Lovells Cadwalader
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Cadwalader partners Mercedes Kelley Tunstall and Michael Gambro co-authored an article, "What 3rd Circ. Trust Ruling Means for Securitization Market," which appeared in Law360.

United StatesFinance and Banking
Mercedes Kelley Tunstall
Mercedes Kelley Tunstall
Michael Gambro
Michael Gambro
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Cadwalader partners Mercedes Kelley Tunstall and Michael Gambro co-authored an article, "What 3rd Circ. Trust Ruling Means for Securitization Market," which appeared in Law360.

On March 19, the U.S. Court of Appeals for the Third Circuit handed down the decision that statutory trusts that are used as issuing entities for securitizations are considered "covered persons" for purposes of the Consumer Financial Protection Act in the long-running case of Consumer Financial Protection Bureau v. National Collegiate Master Student Loan Trusts. This article provides background on the underlying litigation, describes the court's analysis and identifies possible next steps in the litigation.

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