Bankruptcy Blogs

Cyprus Bailout: What Happened to Absolute Priority?

03/16/13

Cyprus seems to be the next European domino to fall to bailoutitis.  Here's the situation as I understand it. Cyprus has unmanageable government debt, not least because of the liabilities that stem from supporting the insolvent banking sector. The EU will put in money to pay off Cyprus's bondholders, but only if there is a copay from Cypriot taxpayers.  Cyprus seems to have decided that the best way to do this co-pay is a (supposedly) one-time tax on all bank deposits. The tax is slightly progressive, with a higher rate on big Euro deposits.  

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Common Bankruptcy Myths

03/16/13

Most people have a negative association with the word bankruptcy.  However, often what you heard is misleading and misinformed statements from people who are not well versed in bankruptcy law. Many very successful people and businesses have filed bankruptcy and have gone on to become very prosperous.  That is why we urge you schedule a [...]

The post Common Bankruptcy Myths appeared first on National Bankruptcy Forum.

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How Cryptocurrencies Could Upend Banks' Monetary Role

03/15/13

Digital money like Bitcoin opens up possibilities for banking without central planners or a lender of last resort, where interest rates and reserve requirements are driven purely by the market.

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The Broke and the Beautiful: Twinkie Edition

03/15/13

This week on The Broke and the Beautiful, Twinkies might get backed by some star power, and British actress Amanda Abbington has declared herself insolvent. Also, Michael Vick had to cancel his book tour because of threats of violence against him.

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Outdated Thinking Undermines Grand Risk Management Experiment

03/15/13

Regulators and governments worldwide have started a grand experiment to organize a bar code-like identifier for financial market participants. But once-innovative financial utilities may prevent this endeavor from succeeding.

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Regulators Shouldn't Try to Manage Banks

03/15/13

Regulators are not in the bank on a day-to-day basis; usually they can only judge actions after the fact and without all of the relevant information and considerations.

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Stress Test Part II Results Revealed; JPM Whale Saga Continues; Geithner Gets Book Deal

03/15/13

Receiving Wide Coverage ...

Stress Tests, Part II: Second round of results of the Federal Reserve's stress tests are in. The big items to note, per the headlines: Ally Financial and BB&T had their capital plans denied; JPMorgan Chase and Goldman Sachs received "conditional" approval for theirs since the Fed has concerns about their "ability to adequately estimate losses" when faced with a severe economic event (Both now have until September to resubmit capital proposals); and...

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The Daily Docket: Stoli Owner May Bid on CEDC

03/15/13

SPI Group, the owner of Stolichnaya vodka, may make an offer for Central European Distribution Corp. as that company tries to manage its more than $1 billion in debt, some of which is set to mature next week. Read the Daily Bankruptcy Review article here.

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Secured Lender Only Entitled To Secured Claim For Actual Fees, Not Contractual Fees, After Foreclosure

03/15/13

In a key decision in the Northern District of Georgia, Judge Hagenau has ruled that a secured creditor is only entitled to a secured claim, pursuant to § 506(b), to the extent of its actual and reasonable fees rather than contractual and statutory fees after a foreclosure sale where the property has not been abandoned.  Most Promissory Notes and Security Deeds call for contractual attorneys fees and expenses upon default.  The contractual and statutory attorneys fees are up to 15% of the loan amount and may or

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