CreditSlips

Your Government Prefers Chapter 13

08/22/11

Today, I went looking for the court costs payable by chapter 13 debtors who wants to convert their cases to chapter 7. I admit that like many Americans my starting point was Google. I quickly landed here, at the Bankruptcy Basics page provided by the Administrative Office of the U.S. Courts, a division of the judiciary.

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Feds to AGs: Can't Touch This

08/22/11

As this NYT story notes, the administration has been putting pressure on the AGs, particularly NY AG Schneiderman, for several weeks now, urging them to fall in line with the administration's hear-no-evil, see-no-evil position on MBS and servicing fraud.  The NYT story makes it sound as if the feds were jolted into intervening because of pleas from the banks.  It's enough to make one think that we're back in 2005.

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"Homeowners Need Help"

08/22/11

That's the headline of the lead editorial today in The New York Times.  The Gray Lady urges the Obama Administration to adopt solutions that reduce principal to restore homeowner equity as an essential step to economic recovery.  Principal pay down in bankruptcy gets a mention.  

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Principal Pay Down in Chapter 13 as a Means of Foreclosure Prevention

08/18/11

As we have discussed recently, here and here, the Federal Housing Finance Agency has asked for ideas about how to dispose of foreclosed properties in bulk.  But there is no reason we shouldn’t take this request as also encompassing reducing foreclosed inventory by preventing foreclosures to begin with.  FHFA has the power to implem

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Omnibus Update on (Declining) Bankruptcy Filing Rates

08/18/11

The June bankruptcy filing figures came out while I was away, and the July figures came out a little late. Thus, I have missed the past two monthly posts on the bankruptcy filing rate. Consider this an omnibus update on the pace of bankruptcy filings. As always, the data come courtesy of Epiq Systems.

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Americans are Innumerate and Broke

08/16/11

And not just the ones I tell stories about from my clinical law teaching.  Some of our readers have written in to say that these clients of ours, these title loan and payday loan customers, are idiots or worse yet, should be institutionalized for their stupidity. Most of my stories about our clients have to do with not being able to do complex math.

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Any Bright Ideas?

08/16/11

Jean Braucher has noted the FHFA's RFI on foreclosure prevention. A huge problem with any proposal is the time to implementation for anything. It took months to develop flops like FHASecure, Hope4Homeowners, and FHAShortRefi.

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Are Corporations People Too?

08/16/11

The "corporations are people, my friend" line was quite the momement. But as bad as it sounded, Mitt had a theoretical point. People (as well as other corporations) own corporations and people work for corporations.  The problem isn't that there aren't people at the end of the line behind corporations. The problem is that it's a minority of (primarily wealthier)people.  

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The Systemic Risk Industry

08/16/11

There seems to be a cottage industry now in proposals to solve and/or mitigate systemic risk. I'm myself somewhat of a guilty party. The producers here are law profs and economists (and probably some other disciplines as well). These proposals fall into three buckets. One focuses on executive compensation as the key area for reform, a second on activity and/or size limitations, and the third on changing banks' capital structures.

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