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Payday Lending and the FTC Credit Practices Rule
Why doesn’t payday lending violate the FTC’s Credit Practices Rule (16 C.F.R. 444.2)? That’s what I’m trying to figure out. ... Read full article
When the Wheels are Spinning Around
Some thoughts on GM, successor liability, 363 sales, and due process – over at Dealb%k . ... Read full article
Round One in the Books: Oral Argument in NML v. Argentina
On Monday, lawyers for NML and Argentina (with a cameo by lawyers for the US Department of Justice) were before the Supreme Court arguing about the scope of a US court's power to order discovery in aid of execution. ... Read full article
General Mills: About-Face
General Mills decided to reverse direction on its recent change to its terms of service purporting to mandate arbitration and ban class actions for anyone who 'liked' them (among other things). ... Read full article
Just Punch My Bankruptcy Ticket
In Memory of Leonard M. Rosen
Legal Notice. Read Carefully: Your Rights May Be Affected
In light of G eneral Mills policy of claiming that its binding mandatory arbitration requirement (with class action waiver) applies to anyone who purchases its products, including via third-party vendors, I have decided, to post the following legal ... Read full article
Suffolk/NCLC Student Loans Symposium
I had the pleasure of participating in this weekend's very successful Research Symposium on Student Loans organized by Kathleen Engel of Suffolk Law School and Deanne Loonin of the National Consumer Law Center (NCLC) (NCLC, by the way, is looking ... Read full article
Pre-paid Cards Enter the Credit Market, Thwarting the Primacy Impetus for Using the Cards
A while back, The PEW Charitable Trust did two fascinating papers, found here and here , on prepaid cards. ... Read full article
Thank You to Javier Arias and Andrew Dawson
On behalf of everyone at Credit Slips , I wanted to thank Professor Javier Arias of the Universidad Rey Juan Carlos and Professor Andrew Dawson of the University of Miami. It takes time out of a busy schedule to contribute to the Credit Slips ... Read full article
Reflections on the Dark Side
Thanks to all who commented on my earlier post on the interaction of §§ 544(a)(3) and 551 and homeownership in bankruptcy; as hoped, CreditSlip readers helped me frame the questions that I continue to have about Traverse and the larger policy questions it ... Read full article
Supreme Court denies certiorari in Sinkfield (chapter 7 lien strip-off case)
The U.S. Supreme Court has denied a petition for writ of certiorari in Bank of America v. Sinkfield, an 11th Circuit case raising the issue whether a junior lien wholly unsupported by collateral value can be stripped off in chapter 7. ... Read full article
DIP Loans and the SIFI Problem
Word on the street is that the company formerly known as TXU – now known as Energy Future Holdings – is lining up the biggest private DIP loan ever. About $9 billion. ... Read full article
Teaching Consumer Law Conference in Santa Fe New Mexico, May 30-31, 2014
Richard Alderman (Houston Law Center ) and I welcome all of you to beautiful Santa Fe New Mexico on May 30-31, 2014 for the only international conference in the world dedicated to the teaching of consumer law. The conference is sponsored by the Center ... Read full article
It's My Fault You Can't Get a Mortgage
Can’t get a mortgage? Turns out it’s my fault. As in mine, personally. Yup. That’s the claim in a Housing Wire written by right-wing banking analyst R. Christopher Whalen . Here is Whalen’s argument in a nutshell: ... Read full article
Is UCC Article 8 Bitcoin's Savior (for Commercial Law)?
Two weeks ago, I wrote a post based on Lynn LoPucki's observation that Article 9 of the Uniform Commercial Code (UCC) might be Bitcoin's Achilles heel. From that experience, I learned that the surest way to get attention for a blog post is to ... Read full article
The Latest Amendment of Spanish Insolvency Law (2 and Farewell to Spanish Guestblogging)
This post will be my last one, and I would like to start it thanking Bob and the rest of the Credit Slips team for inviting me again to guest blog. I felt flattered and excited to share my experiences with Spanish insolvency law the first time, and the ... Read full article
The Latest Amendment of Spanish Insolvency Law (1), or a Guide to Run Away From Insolvency Procedures
New Data and Thoughts on Payday and Other Alternative Lending
The Consumer Financial Protection Bureau's new study (published 3/25/14) regarding payday loans has received substantial press coverage over the past couple days. The study focuses on repeat customers and finds that 80% of payday loans effectively ... Read full article
