Bankruptcy Blogs

Derivative Clearing Houses Shouldn't Be Too Big to Fail, Either

08/13/13

As they push to have over-the-counter derivatives cleared with central counterparties, regulators must not let these clearing houses become systemic risks themselves.

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Why Payday Loans are Good for Millions of People

08/13/13

I applaud the government's efforts to weed out bad actors but I'm deeply concerned about the unintended consequences this could have on much needed financial services for underbanked people.

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The Daily Docket: Patriot Reaches Deal With Miners

08/13/13

Patriot Coal Corp. and its mine workers have reached a settlement in their long-standing labor fight, a deal that gives the workers “significant improvements” over Patriot’s labor-contract changes approved by a judge in May. Read the Daily Bankruptcy Review article via The Wall Street Journal.

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Commodities Arms Still Draw Attention; NY Sues Payday Lender

08/13/13

Receiving Wide Coverage ...

Probe of Banks' Commodities Role: It is apparently not enough that banks are winding down some of their commodities operations to evade scrutiny over alleged price manipulation. It was widely reported Monday that the Commodity Futures Trading Commission issued subpoenas to institutions with subsidiaries that store and deliver aluminum, seeking documents as part of an investigation. "The subpoenas come," according to the Wall Street Journal, "amid heightened scrutiny of Wall Street's involvement...

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Why JPMorgan's Regulatory Fixes May Fall Short

08/12/13

Faced with a litany of legal and regulatory woes, JPMorgan Chase has vowed to minimize wrongdoing and tighten internal controls. But with financial incentives unchanged and regulators on the warpath, virtuous talk may not be enough to prevent more troubles.

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Bankruptcy Judges Share Insight on Chapter 9 Eligibility

08/12/13
EPA

This October, Judge Steven Rhodes of the U.S. Bankruptcy Court in Detroit will preside over a trial on whether the city of Detroit was eligible to file for Chapter 9 bankruptcy protection last month.

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Equityholder's Strategy for Shifting Tax Burdens to Creditors Upheld by Third Circuit

08/12/13

By Eugene Kim

In re Majestic Star Casino, LLC, F.3d 736 (3rd Cir. 2013), the U.S. Court of Appeals for the Third Circuit broke from other courts by holding that S corporation status (or "qualified subchapter S subsidiary" or "QSub" status) is not property of the estate of the S corporation's bankruptcy estate. Other Circuits have routinely held that entity tax status is property of the estate.

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Payday, Title, and Installment Lenders Show Signs of Strain

08/12/13

Given the many ways in which payday lenders have been able to transform themselves  into title lenders and installment lenders, and to otherwise avoid state law,  l try not to get too optimistic that high-cost lending practices  will be curbed.

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