CreditSlips

Gift Cards and Bankruptcy

11/29/12

There's a linguistic irony that "gift" is the German word for poison. What, then, should we make of the "gift card"?  

Senator Richard Blumenthal's introduced new legislation, the Gift Card Consumer Protection Act (S.3636) that aims to close up the loopholes in existing gift card regulation and to protect consumers with gift cards when the retailer goes bankrupt. The legislation has a few moving parts:

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Updated: The procedure of litigating pari passu?

11/28/12

Lots of activity in the pari passu litigation: The lawyers for the exchange bondholders have been working overtime, filing an emergency motion to stay Judge Griesa's injunction (just granted here!) and asking the Second Circuit to let them intervene in the appeal.

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Something for the Amicus Brief?

11/27/12

In the Argentine appeal?

This weekend I found myself reading an 1829 edition of American Jurist and Law Magazine (it's a long story, but says much about my social life), and came across the following:

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Et Tu, FT? (Pari Passu Edition)

11/25/12

Laugh, cry, give up: the Financial Times editorial argues for Supreme Court review of Judge Griesa's decision because not enough countries use collective act

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NML v. Argentina: No love for exchange bondholders

11/22/12

Anna Gelpern has already posted on the pari passu wipeout of Argentina. As she noted, NML got pretty much everything it wanted. By contrast, the exchange bondholders got no love whatsoever. The district judge dismissed their argument that it was unfair for NML to get 100 cents on the dollar when they had received only 30.

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Pari Passu Wipeout in the Southern District

11/22/12

Christmas came early to Elliottville. Judge Griesa issued an amended order and two opinions that shoo away just about all the arguments that Argentina, the exchange bondholders, the various intermediaries and fellow travelers tried to fling in the way of his injunction.

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CFPB's Anti-Abuse Authority: A Promising Development in Substantive Consumer Protection

11/21/12

The Consumer Financial Protection Bureau is doing something promising with its anti-abuse authority under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.  It is going after credit industry exploitation of consumers, particularly when business models involve using confusing terms that disclosure cannot adequately address.  See my paper on this topic. So I was not surprised to see George Will attacking this development.   We can't have smart, effective consumer protec

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The True Meaning of Black Friday

11/20/12

Nathalie Martin invited readers to skip Black Friday and do a spending fast. Her post caused me to wonder whether we have lost the true meaning of Black Friday. Based on an informal survey, it seems to be the case that people have forgotten why we call the day Black Friday. By "informal survey," of course, I mean I asked my family.

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The Slips Go to College

11/20/12

Credit Slips bloggers Jean Braucher and Melissa Jacoby have been elected to the American College of Bankruptcy.

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What’s Up With “Independent Foreclosure Review”: Boondoggle for Consultants and More Foot-Dragging by Servicers

11/18/12

After the robo-signing scandal broke in the fall of 2010, followed by a huge bureaucratic in-fight, a federal interagency review produced the Independent Foreclosure Review Program, announced with great fanfare in April 2011.

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