CreditSlips

Preempting the states: US Ed to shield debt collectors from consumer protection

02/28/18

As if the power to garnish wages without going to court, seize federal income tax refunds and charge 25% collection fees weren't enough, debt collectors have now persuaded the Education Department to free them from state consumer protection laws when they collect defaulted student loans.

[more]

Why Not Accelerate and Sue Venezuela Now?

02/28/18

Mark Weidemaier and Mitu Gulati

[more]

Merit Mgmt. Group LP v. FTI Consulting Inc.

02/28/18

The Supreme Court weighed in today on one of the the most important circuit splits in the bankruptcy world, namely the scope of one of the section 546(e) safe harbors from avoidance actions in bankruptcy.  Section 546(e) has two safe harbors, one for "settlement payments" and the other for transfers "made by or to (or for the benefit of) a ...

[more]

Seventh Circuit Victorious Again in Merit Mgmt

02/27/18

If you're challenging a Seventh Circuit ruling in a bankruptcy case on appeal to the Supreme Court, especially if (retired) Judge Posner was in the majority, you've got a challenge ahead. The Court's announcement this morning of its judgment in Merit Management Group v. FTI Consulting demonstrates this yet again.

[more]

Central Bank Immunity - Don't Miss

02/25/18

This is an important intervention about a massively important topic that comes up over and over again in sovereign restructurings, and will come up in more and more interesting ways in the next few years.

Short version here.

[more]

New Saudi Bankruptcy Law ... A Boon for SMEs?!

02/23/18

Saudi Arabia's King Salman has approved a new bankruptcy law. {Download Saudi BK final 2-2018} Commentators have

[more]

How S.2155 (the Bank Lobbyist Act) Facilitates Discriminatory Lending

02/22/18

If you think it's ridiculous that the CDC can't gather data on gun violence, consider the financial regulatory world's equivalent:  S.2155, formally known as the Economic Growth, Regulatory Relief, and Consumer Protection Act, but better (and properly) known as the Bank Lobbyist Act.  S.2155 is going to facilitate discriminatory lending. Let me say that again.  S.2155 is legislation that will facilitate discriminatory lending.

[more]

Bankruptcy Venue Reform -- Yes, Again, But Maybe This Is the Time?

02/21/18

As many Credit Slips readers will know, chapter 11 venue reform has been an issue for decades. As corporate filers have flocked to the Southern District of New York and the District of Delaware, the real reason some observers say is that these courts favor corporate managers, dominant secured lenders, bankruptcy attorneys, or a combination of all of them. Regardless of the merits of these claims, it certainly undermines respect for the rule of law when faraway federal courts decide issues affecting local interests.

[more]

People’s Pre-Bankruptcy Struggles -- New Paper from the Consumer Bankruptcy Project

02/20/18

The current Consumer Bankruptcy Project (CBP)’s co-investigators (myself, Slipster Bob Lawless, and past Slipsters Katie Porter & Debb Thorne) just posted to SSRN our new article (forthcoming in Notre Dame Law Review), Life in the Sweatbox.

[more]