Ken Marin is Co-Office Leader of Chapman's New York office and a partner in the firm's Asset Securitization Department. Ken’s primary focus is on structured finance and securitization and financial and derivative products. Ken has extensive experience with asset-backed securities, including credit card receivables, student loans, marketplace lending, single-family rental, residential mortgages, dealer floor plan, auto and equipment leases, esoteric assets including mutual fund fees, tobacco fees, farm subsidies, loans to medical practices, insurance premium finance, and trade receivables; collateralized loan obligations; sale and securitization of distressed assets; credit and equity derivatives; covered bonds; and interest rate swaps.
Ken's clients include issuers, underwriters, lenders, credit enhancers, investors and derivative providers in both public offerings and private placements of asset-backed securities in the term and commercial paper conduit markets. His representations often involve unique assets and novel cash flow, bankruptcy and tax structures. Ken frequently represents industry advocacy groups in connection with the Dodd-Frank Act and other current legislative and regulatory initiatives affecting securitization.
- Representation of a Chinese fund, as lender, in a $25 million senior secured warehouse facility related to consumer loans
- Representation of lenders, investors and issuers in connection with warehouse financing and securitization of over $1 billion in marketplace loans
- Representation of retailer in its securitization of over $1 billion of credit card receivables
- Representation of lenders and underwriters in equipment finance transactions
- Representation of major banks as derivative provider in connection with numerous structured finance and municipal finance transactions
- Representation of major U.S. bank as provider of over $1 billion in debt, equity and warehouse financing to emerging consumer finance companies
- Representation of lenders in connection with a $100 million warehouse facility and the initial purchasers in connection with the issuance of $300 million in term notes issued by the credit card financing arm of a major U.S. clothing retailer
- Served as deal counsel for the purchase and securitization of a $1.5 billion portfolio of distressed credit card receivables in a transaction awarded “deal of the year”
- Federal Court Decision Creates Uncertainty for Non-Bank Loan Assignees and Certain Marketplace Lenders Regarding the Scope of Federal Preemption of State Usury LawsSeptember 2015 (Originally Published June 3, 2015)The Banking Law Journal
- December 18, 2013Client Alert
- May 16, 2013Client Alert
- Co-Author, "Dodd–Frank Swaps Clearing Requirement and Possible Impact on Securitization Transactions" The Journal of Structured Finance, Summer 2013.
- Co-Author, “The Volcker Rule and Conflict-of-Interest Rulemaking: Will Traditional Securitization Survive?” The Journal of Structured Finance, Spring 2012.
- Co-author, "Securitizations of Bank Assets: Impact of Bank Insolvencies and Related Issues," Pratt's Journal of Bankruptcy Law, September/October 2009.
- Co-author, “U.S. Covered Bonds: Are They Here To Stay?” Total Securitization, June 9, 2008.
- Co-author, “Take Cover,” The Deal, October 10, 2008. (Discusses covered bonds as a financing alternative during the current financial crisis.)
- Co-author, “Covered Bonds: Shelter from the Storm?” Asset Securitization Report, May 26, 2008.
- Co-author, “Regulatory Developments in Credit Card Securitization,” Business Week, December 19, 2003.
- Panelist, "Marketplace Lending: Is This the Real Life? Is This Just Fantasy?" 3rd Annual Investors' Conference on Marketplace Lending. December 2017.
- Panelist, "Marketplace Lending Matures," Practising Law Institute's Marketplace Lending and Crowdfunding 2017. September 2017.
- Panelist, "Assessing the Relative Value of Securitization as a Funding Tool," 2nd Annual Investors' Conference on Marketplace Lending. December 2016.
- Panelist, “Volcker Rule,” ABS Vegas 2014 Conference, January 2014.
- Panelist, “Volcker Rule - Navigating the Compliance Period and Potential Rule Outcome,” The American Securitization Forum 2013, January 2013.
- Panel Moderator, “Derivative Rules: An Update on Clearing, Margin Requirements and Guidance on Cross-Border Application of Swap Rules,” ABS Vegas 2014 Conference, January 2014.
- Speaker, “The Volcker Rule - An Overview and Its Impact on Utah’s Banks,” Utah’s Banker’s Association’s 2014 Bank Executive Winter Conference, February 12, 2014.
- Panelist for roundtable discussion on “Securitization Adds Up, The Cost of Accounting Reform,” American Securitization Forum, January 2010.
- Speaker, “A Blueprint for Covered Bond Offerings Going Forward,” The Americas 2008 Conference, Hollywood, Florida, October 21, 2008.
- Speaker, “Assessing the Performance of Non-Mortgage Subprime ABS: Autos and Credit Cards,” 2008 ABS East Conference, Miami, Florida, October 21, 2008.
- Speaker and Moderator, “Synthetic Securitization and Credit Derivatives,” 2006 ABS West Conference, Phoenix, Arizona, 2006.
- Asset Securitization
- Asset-Backed Securities
- Commercial Loans
- Consumer Loans
- Credit Card Receivables
- Equipment Finance Receivables
- Esoteric Assets and Emerging Asset Classes
- Fintech and Marketplace Lending
- Motor Vehicle Loans, Leases, and Floorplan Receivables
- Collateralized Loan Obligations and Collateralized Debt Obligations
- Commercial Paper and Bank-Financed Transactions
- Portfolio Acquisitions and Principal Finance
- Derivative Transactions
- Student Loans and Education Finance
- Swaps, Derivatives and Synthetic Structures
American University Washington College of Law, J.D., magna cum laude, 1992
- Law Review, Associate Editor
University of California at Santa Cruz, B.A., with honors, 1988
International Swaps and Derivatives Association
Structured Finance Association
- Marketplace Lending Committee