CreditSlips

Who Went to Caracas Last Week?

01/14/19

Mitu Gulati & Mark Weidemaier

More and more creditors are filing lawsuits against Venezuela, and we had been planning to do a post on how the dominos were falling. 

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Credit Bidding and Sears

01/14/19

The Sears' auction is a really valuable teaching moment, I think (and perfectly timed for the start of the semester)—does Sears have going concern value that merits a sale of substantially all assets as a going concern, or is an immediate liquidation the value maximizing move?  

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Federal Student Loans and the Shutdown

01/09/19

Is the Department of Education doing anything to assist furloughed federal employees with federal student loan obligations?  Federal contractors with such obligations?  You'd think that ED might instruct its servicers to treat delinquencies for furloughed federal employees and contractors differently than regular delinquencies.  That would be the right thing to do.  

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SCRA and the Coast Guard in the Shutdown

01/09/19

The Coast Guard apparently briefly had some advice for furloughed guardsmen that included "Bankruptcy is a last option."  The leaped out at me as strange.  What about the Servicemembers Civil Relief Act, a special act that provides protection for active duty military members and their dependents against collection actions?

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The Implication of Reasonable Consumers Not Reading Contracts of Adhesion

01/02/19

A final installment to this evening's blog storm (you can tell that I'm procrastinating on exam grading...).

The Consumer Financial Protection Act prohibits "unfair" acts and practices.  "Unfair" is defined as an act or practice that causes or is likely to cause substantial injury to consumers, that is not reasonably avoidable by consumers, and the harm of which is not outweighed by benefits to consumers or competition.  

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UDAAP Violation in BofA Credit Cardholder Agreements?

01/02/19

Heads up Kathy Kraninger:  you might want to look at whether Bank of America is engaged in an unfair or abusive act or practice in its credit cardholder agreements.  Here's the deal.  

The Credit CARD Act of 2009 prohibits so-called "double cycle billing" on credit cards:

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Are Convenience Check Loans Underwritten to Ability-to-Repay?

01/02/19

In my previous post, I complained that convenience check loans weren't underwritten based on ability-to-repay.  That's not to say that there's no underwriting whatsoever.  But it's important to recognize that prescreening for direct mailing for convenience check loans is not the same as underwriting the loans based on ability-to-repay.

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Congolese Elections and the Opportunity for the International Community to do the Right Thing

12/31/18

The Congo held elections yesterday; elections that the ruling party has kept finding excuses to postpone over the past two years.  International pressure though, forced them to be held (although in an incomplete fashion).  Now, the question is whether the vote counts will be done with some modicum or propriety and whether the current kleptocrats will find some way to hold on to power in this resource rich nation with a tragic history.  The latest reports are telling us that there is already chaos and that the internet has been shut down (from the Wa

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