Bankruptcy Blogs

Wayne Savings in Ohio adds activist investor to its board

11/26/17

Ancora Advisors has a history of pressing banks and thrift to find buyers.

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CFPB's English expected to sue Trump administration to block Mulvaney appointment

11/26/17

A lawsuit by CFPB Deputy Director Leandra English against the Trump administration is expected to challenge Mulvaney's appointment on two counts: that the president would directly control an independent agency and that it violates the succession plans laid out in the Dodd-Frank Act.

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OLC Legal Opinion and the Missing Legislative History

11/25/17

The OLC's Legal Opinion on the CFPB succession is out. It's available here.  Three observations. 

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Legal Malarkey from the White House about the CFPB Putsch

11/25/17

We now have a CFPB succession crisis with a Director and a Pretender. The White House did a press briefing this morning to put out its case for why Mick Mulvaney is the rightful acting Director of the CFPB. I expected that the White House would argue that the Federal Vacancies Reform Act controls the succession, not the Consumer Financial Protection Act.  Curiously, the White House made a different argument.  The White House's argument is not that the Consumer Financial Protection Act does not provide a succession mechanism.

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The Myriad Irregularities of the Mulvaney "Appointment"

11/24/17

I want to emphasize just how irregular and probably illegal the Trump administration's attempt to make OMB Direct Mick Mulvaney the acting Director of the CFPB really is.  

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Legal clash looms over CFPB leadership

11/24/17

There is a possibility that there could soon be two individuals declaring themselves the rightful leader of the Consumer Financial Protection Bureau.

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Regulatory SPAM

11/24/17

The Washington Post has an interesting piece about the huge volume of "SPAM" comments that the FCC received regarding the net neutrality rule.

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Domination Isn't (Always) Fraud: Venezuela Edition

11/24/17

I made a joke in the comments to Mitu’s post about whether the arrest of Citgo executives strengthened the argument for treating Citgo as Venezuela’s alter ego. The joke wasn’t very good; I called Venezuela a “typical activist shareholder.” But Mitu generously took it seriously, asking whether this is the kind of behavior creditors should have expected.

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Cordray out at CFPB, names own acting successor

11/24/17

CFPB Director Richard Cordray abruptly announced Friday that he would leave at the end of the day, giving the reins of the agency to a new deputy director.

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Mr. Maduro Writes an Exam Question on Veil Piercing

11/23/17

It is that time of the year; where one of the excuses I use to escape Thanksgiving dinners that have degenerated into to food fights over our current president is: "I have to go write my exam questions".

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