Bankruptcy Blogs

What the CFPB 'Commission' Debate Is Really About

12/29/16

The industry doesn't want to attack the Consumer Financial Protection Bureau directly, but its push to reform the agency's leadership structure is a backdoor strike at the CFPB's very existence.

[more]

Tellers Should Be the Focus of a Bank's Succession Plans

12/28/16

As the banking environment demands a different skill set for those operating leaner branch networks, institutions should look at tellers as a longer-term human resource with growth potential.

[more]

Time to Adjust the Regulatory Diet: Fewer Rules, More Principles

12/27/16

With the change in administration and more friendly economic conditions, policymakers should consider greater balance between principles- and rules-based approaches.

[more]

Preference Actions Filed in the Seal123, Inc. Bankruptcy Proceeding

12/27/16

From December 15-21, 2016, the Seal123, Inc. Liquidation Trust filed approximately 68 complaints seeking the avoidance and recovery of allegedly preferential and/or fraudulent transfers under Sections 544 and/or 547, 548 and 550 of the Bankruptcy Code (depending upon the nature of the underlying transactions).  The Liquidation Trust also seek to disallow claims of such defendants under Sections 502(d) and (j) of the Bankruptcy Code.

[more]

Fintech in 2017: Huge Risks But Also Breakthroughs

12/27/16

The new year will bring risk in marketplace lending, but progress will be made in micropayments platforms and regulators embracing innovators.

[more]

Pari Passu Nevermind

12/27/16

One last (I hope) gift from the pari passu litigation against Argentina: this opinion ruling that Argentina does not breach its pari passu obligations by paying holdouts like NML (who recently settled claims against the country) or by paying bondholders who had previously partici

[more]

Dismissal Ruling Full of Disney Allusions

12/27/16
Judge H. Christopher Mott of the Western District of Texas is known to fill his opinions with references to movies and pop songs.   His latest opinion in Xtreme Power Plan Trust v. Schindler, et al (In re Xtreme Power, Inc.), No. 16-1004 (Bankr. W.D. Tex.
[more]

Boost the Economy by Scrapping the GSEs

12/23/16

The case against Fannie Mae and Freddie Mac is stronger than the argument for their survival.

[more]