SVB Financial Group's Manhattan Venue
As I have previously blogged , SVB Financial Group seems to be trying to do venue by declaration. Consider the grounds for venue under 28 USC 1408 and how they apply to SVBFG: ... Read full article
As I have previously blogged , SVB Financial Group seems to be trying to do venue by declaration. Consider the grounds for venue under 28 USC 1408 and how they apply to SVBFG: ... Read full article
Last year, I savored a bit of schadenfreude watching my con law scholar colleagues despair about their field after cases like Dobbs v. Women's Health Organization or West Virginia v. EPA . Con law scholars see themselves as the royalty of the legal ... Read full article
I'm teaching cryptocurrency today in my Payment Systems class, and I'd been puzzling about why no one has applied the Electronic Fund Transfers Act and Reg E thereunder to crypto: after all, if you have a crypto account with an exchange, it ... Read full article
There's talk about removing the FDIC deposit insurance caps in response to the "Panic of 2023"®. There's a refreshing realism about such a move. But let's also be clear about the distributional impact of such a move: it's a ... Read full article
Financial regulation has a credibility problem. Actually, it's got two credibility problems. It's not credible any more to think that financial regulators will shut down troubled institutions until they are forced to do so. And it's no ... Read full article
When President Biden announced the rescue of Silicon Valley Bank depositors, he emphasized that "investors in the banks will not be protected. They knowingly took a risk and when the risk didn’t pay off, investors lose their money. That’s how ... Read full article
Silicon Valley Bank's holding company, SVB Financial Group, filed for Chapter 11 bankruptcy this morning...in the Southern District of New York. Who knew that Park Avenue South was in the heart of Silicon Valley? ... Read full article
Following the failure of Silicon Valley Bank, a lot of other regionals have experienced depositor runs and serious pressure on their stock prices. But there's actually a lot of variation among regionals, and the solutions to SVB's problems ... Read full article
Silicon Valley Bank seems to have had large amounts of uninsured deposits from businesses and high net worth individuals. And those uninsured deposits are likely to be impaired in the receivership, meaning that they will not get paid 100 cents on the ... Read full article
If the bank is a Fed member, doesn't it take its USTs to the discount window instead of selling them for big losses? Does this suggest that all large banks (however defined) should be Fed members, regardless of their charter status? ... Read full article
You gotta feel for BlockFi customers. First, they find themselves creditors in BlockFi's bankruptcy. And now they've found out that BlockFi had a large, uninsured deposit...at Silicon Valley Bank. Yup, it seems that BlockFi had $227 million in a ... Read full article
Are You Ten Years Out of School and Still Struggling with Student Loans? Recent student loan policy changes by the Biden Administration can help people still struggling with student loans. These are new rules making it possible to discharge your student ... Read full article
Why I’m a Member of the National Association of Consumer Advocates I’m a bankruptcy lawyer. When I first started I said “All I do is Bankruptcy.” What I found out is that people in financial trouble are magnates for illegal stuff being done to them. A ... Read full article
[by Dalié Jiménez and Jonathan Glater ] ... Read full article
The Western District of Texas crosses two time zones, has a population of 7.6 million and contains 93,000 square miles. It is larger than the State of Oklahoma but smaller than the State of New Mexico. It contains the 7th, 11th and 24th largest cities in ... Read full article
While we often recite that bankruptcy is for the honest but unfortunate debtor, a new case from the Supreme Court shows that getting into bed or business with the wrong person can lead to a non-dischargeable debt for an innocent spouse. The case is No. ... Read full article
In the wake of the Third Circuit's LTL Management decision many commentators wrote off the Texas Two-Step as dead. Turns out it's not, it's just playing out in a different key with a new filing in SDTX. ... Read full article
With Tara Twomey's selection as the new head of the Executive Office of U.S. Trustee , the National Consumer Bankruptcy Rights Center (NCBRC) is seeking a new director. The NCBRC helps shape consumer bankruptcy law, as it did for many years under ... Read full article
Professor Kate Elengold and UNC Law 2L Michael Leyendecker have just posted very useful reports for no charge on the Social Science Research Network. ... Read full article
I have a new paper up on SSRN . It's called The New Usury: The Ability-to-Repay Revolution in Consumer Finance . It's a paper that's been percolating a while--some folks might remember seeing me present it (virtually) at the 2020 Consumer ... Read full article