CreditSlips

The Solomonic Test of Swipe Fee Reform: Reverse Political Economy

04/21/11

King Solomon's judgment regarding the two women claiming to be the mother of the same child is a familiar story--the King proposed chopping the baby in two and giving each mother half of the child. One mother consents, while the other says that she will forfeit the child. The one who prefers receiving 0 child to .5 child is then awarded the whole baby because the real mother would never consent to the child being harmed.

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Bankruptcy Robosigning Business Challenged by Debtors, Trustee

02/08/11

A new amended class action complaint filed on behalf of Chapter 13 debtors, with their Trustee as additional plaintiff, describes in exhaustive detail the business of Lender Processing Services and its network of creditor attorneys and mortgage servicers.  The gist is that LPS sells the dominant software product to mortgage servicers, and the software is designed to refer all foreclosur

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Many Thanks to Troy McKenzie

02/07/11

On behalf of Credit Slips, I want to thank Troy McKenzie for joining us a guest blogger. Professor McKenzie's posts raised lots of interesting questions about attorneys' fees in bankruptcy and the Constitutional status of bankruptcy courts. I'm glad to see that his posts spurred some good discussion. Thank you again Troy!

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From the Sixth Circuit with Love (for Creditors)

02/07/11

Last Friday, the U.S. Court of Appeals for the Sixth Circuit released an opinion in a case called Carroll v. Baud. The decision, which generally ended badly for the consumer bankruptcy filers involved in the case, involved technical interpretive issues caused by the drafting mess that was the 2005 bankruptcy law. What caught my eye were not the holdings themselves, but the way the court got there.

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Bankruptcy Filings Hit 2-Year Low in January

02/07/11

In January, households and businesses filed bankruptcies at the rate of 5,090 per day. The last time the daily bankruptcy filing rate was this low was January 2009. Monthly bankruptcy filings are sensitive to the number of business days in a month, making the daily filing rate a more meaningful figure than the absolute level of filings.

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The Bankruptcy Code and the FCIC

02/03/11

Mike has done a great service to us chapter 11 types over at Rortybomb, by aggregating all of the quotes from the FCIC report regarding the 2005 expansion of the safe harbors on the Code.

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Vallejo's Chapter 9 plan

02/03/11

The City of Vallejo has filed its Disclosure Statement and plan in its Chapter 9 bankruptcy case.  The plan proposes paying general unsecured creditors, mostly employees and retirees, about 5 cents on the dollar from a $6 million fund, an amount roughly equivalent to the legal fees paid in the case through December 2010.  Vallejo apparently did not finance capital projects with unsecured

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Internet Payday Loans, Arbitration Clauses, and Agreements Not to Bring Class Actions

01/31/11

You know a case before the New Mexico Court of Appeals is a big when  lots of out of town lawyers come to argue the case. And, so it was in the case of Andrea Felts, heard on January 19, 2011. Ms. Felts, a high school vice principal, took out  internet payday loans when going through a divorce, one at 684 percent per annum, and another at 730 percent.

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The Upside of High Fees

01/28/11

Some of the comments to Stephen Lubben's post on "overhead" raised the longstanding complaint about high fee awards in New York and Delaware Chapter 11 cases. We all know the academic and political condemnations of Chapter 11 as merely a feast for lawyers.

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Open Mouth, Insert Foot

01/28/11

Japan's debt got downgraded by S&P because it doesn't believe that the Japanese government is serious about taking measures to cut its deficit.  And here's what the Japanese Prime Minister Naota Kan had to say, “I just heard that news.  I am a little ignorant on those kind of matters.  Let me look into it more.” 

Brownie, you're doing a heckuva job.

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