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Banking Law

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Commentary on Banking Law

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Last Entry: March 30, 2011 at 23:38:00

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Let The Good Times Roll

Posted on July 20, 2009
It seems that these days, there's nothing but bad news coming out of this nation's capitol, a town I like to call "Washington, D.C." but other, less charitable types refer to as "A Sullen City In A Swamp." Therefore, when...


A Calm And Measured Tone

Posted on July 19, 2009
Former FSLIC official, and current college professor, Bill Black, has been trying to paint the banking industry with a broad bush just chock-full of black paint for decades. To me, he is, and has been for some time, a cartoon...


Winners and Losers

Posted on July 15, 2009
It matters little who's in power in D.C. You can rest assured that whoever is at the helm of the federal government's ship of fools, the big will be bailed out and the little will be allowed to sink unmourned....


Baltimore Lives To Fight Its Oppressors Another Day

Posted on July 14, 2009
It's easy to sit there and say you'd like to have more money. And I guess that's what I like about it. It's easy. Just sitting there, rocking back and forth, wanting that money. ---Deep Thoughts, by Jack Handey Cleveland...


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Advance Fee Scams: To File Or Not To File

Posted on July 13, 2009
We've long been fond of "419" e-mails, named after the section of Nigerian law that prohibits them. Most or perhaps all of you reading this blog have received an e-mail similar to the following real-life example, posted on the 419-busting...


Foreclosure Moratoriums A Bust

Posted on July 12, 2009
Paul Jackson, editor-in-chief of HousingWire Magazine and Housingwire.com, is not shocked by the results of report releases recently by Clayton Holdings, Inc. Widespread foreclosure freezes that began in late last year and ran through the first quarter of this year...


Criminalizing Corporate Governance

Posted on July 09, 2009
Emily Flitter at BankThink concisely summarizes a recent useless contretemps among conservative and liberal bloggers and newspaper columnists over a proposal by leftard Paul Collier of Pravda The Guardian to make bad business decisions by bank managers that lead to...


Killing The PE Golden Goose?

Posted on July 08, 2009
Those who can, do, those who can't teach; and those who can do neither, administer. ---Calvin Calverley Last week's release by the FDIC of a proposed policy statement on the acquisition of assets and deposits of failed banks and thrifts...


Overheating The Brakes On Preemption

Posted on July 07, 2009
The harsh winds of speculation blew across the blogosphere this week about the dire possibilities unleashed by the decision last week of Nino and The Leftists to throw down some spike strips in the path of the OCC's speeding muscle...


Straight Talk

Posted on July 06, 2009
Former OCC attorney John Podvin, currently lodged in the Dallas office of Texas-based law firm Haynes & Boone, was interviewed last week by Metropolitan Corporate Counsel magazine. He had some ?hot? opinions about the expected course of federal bank regulation,...


A Chink In The Armor Of Federal Preemption

Posted on July 04, 2009
After getting a chance to actually read the majority and dissenting opinions in Cumo v. Clearing House Association, rather than merely press reports of the same, I find the opinions themselves only mildly surprising, for reasons that don't have to...


It Takes A Village...Of Idiots

Posted on July 02, 2009
Most bankers and bank regulators appear to be on hiatus until next week. The double whammy of Friday "flex day" and the day before a Saturday holiday has apparently driven the "bank biz" to seek a pool, an umbrella, and...


Boneheads Bash Bogus Tweeters

Posted on July 01, 2009
A report in today's Wall Street Journal about consumer advocates organizing a hash-tag "tea party" to assault what the advocates thought was a Goldman Sachs Twitter account, but that turned out to be a fake Tweeter Bird, wasn't quite as...


Blindsided

Posted on June 30, 2009
I returned to the office today, haven't had time to read the SCOTUS opinions in Cuomo v. Clearing House Association, and won't get a chance to read them until this weekend. Therefore, I'll save my bloviating about it until next...


On The Road Again

Posted on June 24, 2009
My misanthropic nature periodically takes a whipping, usually at the instigation of my spousal unit. The next week is one of those times, when we must hit the road and visit family members. Inasmuch as my wife's family never heard...


ILCs: Plenty Of Fight In The Dog

Posted on June 23, 2009
It's not the size of the dog in the fight, it's the size of the fight in the dog. ---Mark Twain While the OTS has been getting much of the attention of the trade press for being singled out by...


Ice Skating Through Hell

Posted on June 22, 2009
I'm lounging around the Colorado Diablo Bar & Grill on the Eighth Level of Hell last Friday, knocking back my second boilermaker of the afternoon with my old pal, The Prince of Darkness himself. He tells me that I've got...


Bair-ly Everywhere

Posted on June 21, 2009
No sooner had Treasury Secretary Tim ("Pinocchio") Geithner issued the Obama administration's regulatory reform white paper last week, then FDIC Chairman Sheila Bair was praising it out one side of her mouth and bashing it out of the other side....


"Dead Man Walking!"

Posted on June 18, 2009
The weeping and wailing has already begun for the Office of Thrift Supervision. Fingered for liquidation (along with the federal thrift charter) by the Obama administration's "reform" plan that was announced yesterday, Reuters called it "The Saddest, Unloved Bank Regulator...


Igornace Is Not Bliss

Posted on June 17, 2009
Paul Jackson, editor-in-chief of Housingwire.com and HousingWire Magazine, expressed his frustration yesterday with federal policy makers' apparent lack of comprehension of how the country's mortgage financing markets work. To me, their ignorance is par for the course...


Ignorance Is Not Bliss

Posted on June 17, 2009
Paul Jackson, editor-in-chief of Housingwire.com and HousingWire Magazine, expressed his frustration yesterday with federal policy makers' apparent lack of comprehension of how the country's mortgage financing markets work. To me, their ignorance is par for the course...


A Plethora Of Political Incorrectness

Posted on June 16, 2009
Some days, when I'm especially pressed for time, I seriously consider bagging putting up a post. Then, out of the blue, my readers will supply me with material too good to pass on. Two recent examples beg for a post....


More Evidence That Failed Bank Directors Are In FDIC's Crosshairs

Posted on June 15, 2009
If you're not reading FinCri Advisor, you should be. It's putting out some of the most useful commentary on the financial crisis to be found on the internet. No, I have no connection with Fin Cri Advisor and this is...


Jeb Hensarling: Modern Day Don Quixote

Posted on June 14, 2009
I didn't agree with Texas Congressman Jeb Hensarling, the only sitting member of Congress who serves on the TARP Congressional Oversight Panel, when he initially opposed the Bush administration's original TARP proposal last year. I can't say that I agree...


Barney Frank: Corporate Governance Expert

Posted on June 11, 2009
House Financial Services Committee Chairman Barney ("Boy George") Frank flew off the deep end this morning when CNCB's Mark Haines challenged the basis for Frank's argument that shareholders of banks and other businesses must have a right, mandated by federal...


Georgia On My Mind

Posted on June 10, 2009
We said recently that Georgia is a hot bed of failed banks. A story in today's The Wall Street Journal by Damian Paletta and Dan Fitzpatrick gives us facts to back up the assertion. The state is home to just...


Ohio: Land of the Lost

Posted on June 09, 2009
While most of the sneering generated by Ohio municipalities who blame mortgage lenders and securitiziers for the pitiful state of their fiscal and physical condition has been directed against Cleveland, we should not forget another veritable Eden-on-Earth, Cincinnati, the city...


Regulatory Exclusion

Posted on June 08, 2009
Recently, in response to a post I did about the FDIC allegedly preparing to sue directors and senior executives of failed banks in Georgia, a regular reader e-mailed me to ask whether the threat was a credible threat in light...


The Inmates Run The Asylum

Posted on June 07, 2009
When you think of experienced banking gurus with genius-level IQs, commercial banking expertise, and decades of hands-on experience solving real-world commercial banking problems, the kind of gurus most qualified to select senior-level executives for one of the world's largest financial...


History Lessons

Posted on June 04, 2009
Adrienne Carter at Businessweek isn't happy about yesterday's revelations in The Wall Street Journal about the success of bank lobbyists in influencing Congress to pressure FASB to relax mark-to-market accounting rules for banks' so-called "troubled" assets, which FASB did in...


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