A Contract Lawyer's X-mas Greeting
This arrived this morning from a dear friend, who knows what makes me laugh. I hope it makes you chuckle, if not laugh out loud, as it did me: ... Read full article
This arrived this morning from a dear friend, who knows what makes me laugh. I hope it makes you chuckle, if not laugh out loud, as it did me: ... Read full article
My friend, Glenn West, who knows my obsession with boilerplate contract terms whose meaning the parties themselves don’t seem to know, sent me a lovely present today: A link to an article in the ABA Journal by legal writing guru Bryan Garner on “ Trying ... Read full article
Last Monday, December 3, the First Circuit heard an oral argument that I have been looking forward to for ages. The case involves an infamously aggressive hedge fund making an audacious challenge to the constitutionality of the Puerto Rican Control ... Read full article
Venezuela began defaulting on its bonds about fifteen months ago and is now in default on almost all of its outstanding bonds (except one that is backed by collateral). The creditors, for these many months, have shown remarkable forbearance in refraining ... Read full article
For those of you, who like me have been following the Puerto Rican debt drama, this wonderful new book by Sam Erman of USC might be of interest. There are many wonderful and insightful stories in this book that I was altogether unaware of, despite having ... Read full article
The Washington Post reports today that many of the incoming Democratic freshman representatives do not want to serve on the House Financial Services Committee, traditionally a plum assignment because it facilitates representatives' ability to ... Read full article
Consider: ... Read full article
I just posted to the Social Science Research Network my response -- Jevic 's Promise: Procedural Justice in Chapter 11 -- to Jonathan Lipson's recent article about Czyzewski v. Jevic Holding Corp. and structured dismissals. ... Read full article
What is it like to be desperately insolvent with no access to a relief system like the bankruptcy discharge? Many, many people are likely to find out in the coming months in China and India in light of recent developments in these mammoth markets. Neither ... Read full article
I've got an op-ed in The Hill that calls for an expansion of the Supreme Court as a way to depoliticize it. And to be clear, I'm not calling for Court-packing by Dems. That would only require adding a couple of seats. I'm calling for a ... Read full article
Mick John Michael Mulvaney's wanted to change the CFPB's name to the Bureau of Consumer Financial Protection (BCFP), and indeed, the Bureau has already changed its signage and the name it uses on some of its communications. ... Read full article
Mick John Michael Mulvaney's callow pursuit of a CFPB name change raises an intriguing question: what should be done with a CFPB Director who spends all of his or her time showboating with political issues rather than actually carrying out the law? ... Read full article
The ... Read full article
Before it was the global financial crisis, we called it the subprime crisis. The slow, painful recovery, and the ever-widening income and wealth inequality, are the results of policy choices made before and after the crisis. Before 2007, legislators and ... Read full article
Over the past few days, I've been struggling with trying to understand a new NY case involving secured debt. ... Read full article
The 1MDB case has been on the front pages of the financial papers on a number of occasions recently. The reason: The US justice system is investigating the scam and senior executives from everyone’s favorite ethical investment back, Goldman Sachs, ... Read full article
One of my favorite conferences is the Conference on Consumer Financial Decision Making held every summer in Boulder, Colorado, and I am not the only one who feels that way . Next year's conference will occur from May 19-21, 2019. ... Read full article
The American Bar Association, at the urging of its debt collection lawyer members, is supporting HR 5082 , which would partly exempt lawyers from the Fair Debt Collection Practices Act. ... Read full article
A few weeks ago, Marie Reilly (Penn State Law, University Park) posted to SSRN a new paper, Catholic Dioceses in Bankruptcy , which details the outcomes of the eighteen chapter 11 cases filed by Catholic dioceses and religious institutes since 2004. ... Read full article
The New York Times , the Associated Press , The Hill , and many other media outlets are reporting that former Credit Slips ... Read full article