CreditSlips

Argentina Gets No SCOTUS Review - Yet (Yawn)

10/07/13

To the surprise of nobody, the Supreme Court rejected Argentina's June 2013 request to review the Second Circuit's October 2012 decision that it violated the pari passu clause in its defaulted bonds. The court gave no reason, which is normal.

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Don't even think about it, Argentina. (And tell us if you do.)

10/04/13

No news as yet about whether the Supreme Court has reached a decision on Argentina's pending petition for certiorari. In the interim, however, the district judge decided to enter this order. Recall that the injunction against Argentina includes a "no workaround" part that forbids the country to take steps to evade the injunction.

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NY State No-Surcharge Law Unconstitutional

10/03/13

Judge Rakoff issued an opinion today holding that the New York state credit card no-surcharge law violates the First Amendment of the US Constitution because a "surcharge" and a "discount" are two ways of expressing the same thing, and the state of NY cannot direct merchants which of those two ways of expression to use.

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Housing Finance Reform: the Role of the PLS Market

10/01/13

I testified on housing finance reform today before Senate Banking. It was a strange experience being in the Hart and Dirksen Senate Office Buildings with the shutdown. The halls were eerily empty. Fortunately, the Senate Banking Committee is continuing to do the people's business.

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QM and Nonjudicial Foreclosures

10/01/13

The Dodd-Frank Act provides that failure to verify a borrower's ability to pay on a home mortgage entitles the borrower to a "asset a violation...as a matter of defense by recoupment or set off".  15 USC 1640(k). 

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Foreclosure Crisis Update

10/01/13

Year Six of the great foreclosure crisis came to a close on June 30 with no real end in sight.  Five million homes have been foreclosed and another million or more were surrendered by distressed home owners in short sales or otherwise.  We are still far from returning to a stable mortgage market.  In normal times (from 1942 to 2005 for example) about 1% of mortgages are in the foreclosure process at any given time, and another 4% or so are delinquent.  At June

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Is Federal Preemption Assignable?

09/28/13

Gretchen Morgenson had an interesting column today about judicial frustration with banks.  One of the opinions she references is a recent order by Judge William Young (Dist. Mass.) in a predatory lending suit.

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Is This Normal? Can I Get a Meeting with the Attorney General?

09/27/13

I'm floored that Attorney General Eric Holder was willing to take a private meeting with JPMorgan Chase CEO Jaimie Dimon while the bank is under criminal investigation and negotiating an enormous civil (and possibly criminal) settlement.  I can't recall something like this meeting happening before.

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The Fed and Chapter 11

09/19/13

It’s become fashionable to ascribe the decline in big chapter 11 cases to the low interest rates created by the Federal Reserve. If so, yesterday’s actions suggest a revival in the restructuring trade is still further off.

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