How Federal Preemption Finds Mountains in Molehills
Bank Nerd Corner welcomes Susan Seaman, partner at Husch Blackwell, for a deep dive into one of banking law’s most complex and underappreciated topics: federal preemption under the National Bank Act.
Susan walks through three Wisconsin cases, Burner, Lako, and Rifford, that all looked at the same state notice and right-to-cure requirement for charged-off debt and reached contradictory conclusions. She uses them as a cautionary tale about what happens when high-stakes preemption questions come out of high-volume consumer courts, and why that uncertainty exists in the banking system today.
---…
The skinny
The skinny isn't ready yet — notes appear once the transcript is processed.