Financial Institutions

Everything You Wanted to Know about CLOs, But Were Afraid to Ask

02/25/14

Well, not exactly. But for anyone who is interested, here is my written Congressional testimony for a House Financial Services Committee, Subcommittee on Capital Markets and GSEs hearing on "The Dodd-Frank Act's Impact on Asset-Backed Securities".

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The Public Option in Banking

02/04/14

The postal banking idea has been getting a lot of attention.  See, e.g., here (David Dayen) and here (Elizabeth Warren). Yet, the more I think about it, the more I wonder if the postal part of the idea is actually convoluting things.

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Postal Banking

01/31/14

I've got an op-ed about postal banking in today's American Banker.  Basic point:  there's a tension between doing postal banking to generate revenue for the Post Office and doing postal banking for financial inclusion.  But it's an idea worth exploring. 

 

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The Basic Problem with "Chapter 14"

01/15/14

There has been a big push, from several different directions, to develop a more "free market" – as compared with Dodd-Frank's OLA – approach to financial institution insolvency, the Hoover Institute's "chapter 14" proposal being the most famous of these "pushes."

The problem is in the funding. Chapter 11 depends on private DIP funding, but even the largest DIP loans are much smaller than the liquidity needs of a SIFI.

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The Senate, Chapter 14, and a General Lack of Seriousness

12/19/13

Word on the street is that a proposal to add a chapter to the Bankruptcy Code to deal with SIFIs will be introduced this morning in the Senate. 

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What's a Bailout?

12/09/13

Some thoughts over at Dealbook.

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Her Majesty, the Vulture Investor

11/25/13

So this morning's FT tells us that Royal Bank of Scotland is in hot water for allegedly playing hardball with its borrowers, in the hopes of acquiring some of their assets on the cheap. That is RBS has adopted something of a "loan to own" strategy.

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Securitization, Foreclosure, and the Uncertainty of Mortgage Title

11/18/13

I've got a new article out in the Duke Law Journal entitled The Paper Chase:  Securitization, Foreclosure, and the Uncertainty of Mortgage Title.  The article is about the confusion securitization has caused in foreclosure cases because of the shift in legal methods for mortgage transfer and title that accompanied securitization. 

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