Bankruptcy Blogs

How to Protect Consumer Rights in Battle Over Data Access

11/22/16

With access to financial transaction data under threat by hurdles imposed by certain financial institutions, it should be up to consumers to decide how their data is used to improve their financial well-being.

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There's No Such Thing as a 'Good' Megabank

11/22/16

The megabanks that emerged relatively unscathed from the crisis are cited as proof of universal banking's benefits, but recent events have debunked that claim.

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Morning Scan: SIFIs Geting More SI; An OCC Clampdown on the Wayward?

11/22/16

Receiving Wide Coverage ...

More risky: Citigroup, Bank of America and Wells Fargo pose greater systemic risks to the global financial system than they did last year and had their capital requirements increased by regulators. The Financial Stability Board, which ranks the most systemically important financial institutions annually, also said Industrial and Commercial Bank of China presented more risk than last year. But HSBC, Barclays and Morgan Stanley—which sold all or part of their riskier businesses...

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A Note On Setoff and Recoupment

11/21/16

For Slips readers that might not otherwise see it, I wanted to highlight this post on the Delaware Corporate & Commercial Litigation Blog, about a recent state supreme court decision on the distinction between setoff and recoupment, and the applicability of the statute of limitations to the former.

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A Surprising Obstacle in Small Biz Lending: Fax Machines

11/21/16

A bill looming in Congress would require the Internal Revenue Service to accept electronic transmission of lending-related forms, which could speed up the lending process by days.

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How Bashing Big Banks Could Help China

11/21/16

Politicians clamoring for the largest U.S. institutions to be broken up have failed to consider the prospect of China acquiring a bigger piece of the American banking system.

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Morning Scan: OCC Tightens Oversight of Wells; IRS Trawls for Digital Tax Evaders

11/21/16

Wall Street Journal Tighter grip: The OCC Friday unilaterally revoked parts of its recent regulatory consent order with Wells Fargo following the bank's phony accounts scandal. The agency ordered Wells to first seek its approval before changing its business plans, hiring or firing senior executives or revamping its board of directors. The bank was also banned from making golden parachute payments to departing executives without OCC approval. Â...

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Linking Pyramid Schemes (aka Multilevel Marketing Companies) and Consumer Bankruptcy

11/20/16

A couple weeks ago, on Last Week Tonight, John Oliver started what promises to be the greatest pyramid scheme ever. In an effort to help him, watch the segment here (warning: language).

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Chapter 9's Cabinet of Constitutional Curiosities: Ongoing Constitutional Violations

11/20/16

Just a handful of modern big-city bankruptcies have revealed foundational questions about chapter 9's fit within federal courts and constitutional jurisprudence.

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Redemption Premiums – They Now Survive a Bankruptcy Filing

11/19/16

On August 29, 2016, the Third Circuit released a precedential opinion (the “Opinion”) which opined that a “[redemption] premium, meant to give the lenders the interest yield they expect, [does not] fall away because the full principal amount is now due and the noteholders are barred from rescinding the acceleration of debt.”  The Third Circuit’s Opinion is available here.  This Opinion was issued in an appeal from a decision made in the Energy Future Holdings Bankruptcy Case No.

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