Too Big to Fail (TBTF)

Cyprus Bailout: What Happened to Absolute Priority?

03/16/13

Cyprus seems to be the next European domino to fall to bailoutitis.  Here's the situation as I understand it. Cyprus has unmanageable government debt, not least because of the liabilities that stem from supporting the insolvent banking sector. The EU will put in money to pay off Cyprus's bondholders, but only if there is a copay from Cypriot taxpayers.  Cyprus seems to have decided that the best way to do this co-pay is a (supposedly) one-time tax on all bank deposits. The tax is slightly progressive, with a higher rate on big Euro deposits.  

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TBTF or Maybe WT-?

03/12/13

So the financial industry got a surprising amount of press over their obviously ridiculous statement that too big to fail no longer exists.

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Why the Independent Foreclosure Reviews Were Doomed to Fail

03/03/13

Apparently part of the bank flaks' talking points regarding the foreclosure reviews is that to the extent homeowners harmed by wrongful foreclosures, they were actually drug dealers. The message: we didn't foreclose on anyone who didn't deserve it. We were just foreclosing on some scumbags and doing you all a favor by getting the meth lab out of the neighborhood before it blew up. We're part of the war on drugs. 

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Con Law Lessons

02/27/13

Uniting my current teaching load with Dodd-Frank, over at Dealb%k.

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Too Big to Regulate? The Warren Debut

02/16/13

Elizabeth Warren’s questioning of financial regulators at her first Senate Banking Committee hearing got a lot of attention for her pointed question about when was the last time any of their agencies had taken a large bank to trial.  It was a telling exchange, but I think the attention it received overshadowed her even more interesting second question (here at 04:29):  why is the market capitaliz

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Inside the Foreclosure Reviews

01/24/13

Yves Smith has a pair of damning posts about the OCC foreclosure reviews (part I and part II).

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Who Owns the MBS Claims? AIG or the Fed?

01/14/13

Alison Frankel has a great column today on the fight going on between AIG and the NY Fed about who owns the securities fraud claims associated with the MBS that AIG sold to the NY Fed (or more precisely, its Maiden Lane SPV) as part of its bailout. 

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Hackers, Bank Records, and Going Paperless

01/09/13

The traditional allocation of losses at a bank was first loss bank, second loss government, but never losses to insured depositors. To wit, if Willie Sutton robs a bank, the money lost is the bank's, not that of any particular depositor.  If bank fails, then the FDIC steps in pays out the insured depositors. It does so on the basis of the bank's books and records.  

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Subtly TBTF

09/12/12

An important post over at Dealbook (no, it's not by me) about the difference between the Volcker Rule and general TBTF regulation of SIFIs under Dodd-Frank.

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EU Update (And FI Reality)

09/02/12

If you've been tuning out the Euro situation, despite Gelpern's periodic updates, today's Times magazine has a since summary of where things stand.

I also think the end of this bit nicely captures the extant cynicism regarding financial institutions.

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