Don't give me whys and wherefores
Some initial musings on the ethics of chapter 11, over at Dealbook . ... Read full article
Some initial musings on the ethics of chapter 11, over at Dealbook . ... Read full article
The last 24 hours have witnessed some remarkable historical revisionism on financial regulation coming out of the GOP. First, we had one of the most bizarre and simply untrue attack ads I've ever seen, courtesy of Karl Rove's Crossroads GPS ... Read full article
A few quick thoughts as the Make-or-Break, Life-or-Death, Now-or-Never EU Summit gets going. ... Read full article
States have passed a variety of changes to foreclosure laws and court rules in response to the foreclosure crisis, including new notice and mediation requirements to stimulate workouts between lenders and borrowers. Some of these laws have been found ... Read full article
This video is totally worth you 2 minutes. It describes big banks in rather unflattering terms (as parasites, for example) but the main thing I got out of it is that big banks finance payday lenders. ... Read full article
Occupy Wall Street have announced a national day of action around mortgage foreclosures and evictions, to be held on Tuesday December 6. My comments on the protest and the current state of the foreclosure crisis at salon.com are here . ... Read full article
For those contracts professors who teach Peevyhouse v. Garland Coal & Mining Co., 382 P.2d 109 (Okla. 1962), there is a modern version this 1962 case going on right now in the gas drilling context. In the venerable Peevyhouse case, Willie and Lucille ... Read full article
My initial thoughts on American Airlines, here . ... Read full article
Pretty amazing opinion in Culhane v Aurora Loan Services of Nebraska byJudge Young of the US District Court for the District of Massachusetts. Judge Young breaks out a fresh can of whoop-ass on MERS, which wasn't even a litigant. How are these choice ... Read full article
So the Administration has announced that it is expanding the HARP refinancing program to help underwater borrowers. Originally, HARP enabled borrowers with up to 125% loan-to-value (LTV) ratios to refinance (105% for adjustable rate loans). The revised ... Read full article
One of my crack research assistants, Scott Cromar, put together electronic versions of the U.S. Bankruptcy Code and Federal Rules of Bankruptcy Procedure (FRBP) that can be read using Amazon Kindle or an ePub reader. Because these books were assembled ... Read full article
Funny to see the juxtaposition in the New York Times of a piece berating law schools for the irrelevance of their curriculum and then a piece about our former co-blogger Elizabeth Warren , a law professor whose work can be called anything but irrelevant ... Read full article
Elected justice moves swiftly. The Michigan Supreme Court handed down its opinion in Residential Funding Co. v. Saurman on Wednesday, a couple of weeks after oral argument. They were in a rush to get the opinion out, it seems. Unfortunately, it's a ... Read full article
This last week the Permanent Editorial Board of the Uniform Commercial Code came out with a report bering the none-too-thrilling title of " Report on Application of the Uniform Commercial Code to Selected Issues Related to Mortgage Notes ". ... Read full article
As I noted in the previous posts on this thread ( here and here ), I think the Permanent Editorial Board for the UCC's ... Read full article
Why the PEB Report? ... Read full article
What would you do if you were running an insolvent company? The smart thing is to bet big: go with a high-risk/high-return strategy. If the gamble pays off, you're solvent, and if not, well, you're already insolvent. You're playing with ... Read full article
I know this is a bit tardy, but I've been meaning to post on this. A couple weeks ago, the media were making a big deal about Jon Corzine renouncing the $12 million in severance he is owed by MF Global . But he isn't. He's walking away ... Read full article
No, fraudulent transfer isn't a fancy football term for a fake handoff. That's a bootleg. Instead, it's what you call a bs transfer of an asset to avoid creditors or when you are or are about to be rendered insolvent. And it looks like it ... Read full article
I've been remiss about cross-posting my Dealbook columns, but my two most recent ( here and here ) focus on the Dynegy chapter 11 case. ... Read full article