TAILIEUCHUNG - PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

In such a context, Spanish saving banks have undertaken a restructuring process that already affects more than three quarters of the sector and that will result in a substantial reduction of the number of entities and hence in an increase of the efficiency and soundness of the saving banks sector. This has been a significant first step. Nonetheless, the current reform of the international financial system will result in new challenges in terms of higher capital requirements both in quantity and in quality. Spanish credit entities must be prepared to face the new requirements from a reinforced position to. | PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Philip Decohen on his own behalf and on behalf of all others similarly situated Plaintiff-Appellant v. Capital One . successor by merger to Chevy Chase Bank . Defendant-Appellee and Abbasi LLC d b a Nation Auto of Marlow Heights Beacon Industries Worldwide Incorporated Defendants. No. 11-2161 Appeal from the United States District Court for the District of Maryland at Baltimore. William D. Quarles Jr. District Judge. 1 10-cv-03157-WDQ Argued October 25 2012 Decided December 26 2012 Before SHEDD Davis and WYNN Circuit Judges. 2 Decohen v. Capital One . Vacated and remanded by published opinion. Judge Davis wrote the opinion in which Judge Shedd and Judge Wynn joined. COUNSEL ARGUED Benjamin Howard Carney GORDON wolf CHTD Towson Maryland for Appellant. Bryan Alan Fratkin MCGUIREWOODS LLP Richmond Virginia for Appellee. ON BRIEF Martin E. Wolf GORDON wolf CHTD Towson Maryland Mark H. Steinbach O TOOLE ROTHWELL NassAu Steinbach Washington . for Appellant. Ava E. Lias-Booker Sung B. Ben Yhim MCGUIREWOODS LLP Baltimore Maryland for Appellee. OPINION DAVIS Circuit Judge This appeal arises out of an allegation by Appellant Philip Decohen that he paid for something that he did not receive. The question presented is whether the Maryland law that protected his expectation is enforceable. Decohen bought a used Chrysler Pacifica and financed it with a loan from a Maryland car dealer Nation Auto of Marlow Heights Nation Auto . The amount financed included a 600 charge for a debt cancellation agreement. Under the Maryland Credit Grantor Closed End Provisions CLEC Md. Code Ann. Com. Law 12-1001 et seq. such an agreement requires a lender to cancel the remaining loan balance when a car is totaled and the insurance payout does not cover the entire outstanding balance. But that did not happen here. Decohen s car was totaled but Nation Auto had assigned his Decohen v. Capital One . 3 loan to Appellee .

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