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Bankruptcy

Credit Slips Credit Slips

A discussion on credit and bankruptcy.
By Bob Lawless, Adam Levitin, Angie Littwin, Katie Porter, John Pottow, Debb Thorne, Elizabeth Warren

Post Frequency: 12.8/day

Last Entry: April 01, 2011 at 09:01:41

Recent Entries: 1126

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MERS Can?t Transfer Mortgages

Posted on February 15, 2011
MERS, which holds roughly half of all U.S. home loans, has no right to transfer mortgages, according to a Bankruptcy Court in Islip, New York. This could significantly affect the foreclosure process nationwide. MERS, which stands for Mortgage Electronic Registration...


Big-Bankruptcy Empirical Research Post-Op (3): Jack-knife Fights and Pencils in Zimbabwe

Posted on February 12, 2011
If you have followed me this far--and it's understandable if you haven't--you might be curious to know what ultimately came of LoPucki's Big-Bankruptcy Empirical Research Conference, which I "live-blogged" (is that a verb?) yesterday. The short answer: It's all about...


Live-Blogging the Big-Bankruptcy Empirical Research Agenda: Nothing Succeeds Like Success

Posted on February 11, 2011
UCLA Law Professor Lynn LoPucki has graciously agreed to permit me to live-blog the Big-Bankruptcy Empirical Research Agenda conference he has organized today at UCLA. For those few who don't know, the Bankruptcy Research Database is one of the most....


Live-Blogging the Big-Bankruptcy Empirical Research Agenda (2): Defining Terms

Posted on February 11, 2011
Still at UCLA. Regardless of how you define chapter 11 success, selecting the information that should compose a chapter 11 database to help you figure out what works (and what doesn't) is often a much trickier problem than you might...


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Dodd-Frank Resolution Authority -- the Rules

Posted on February 10, 2011
The District Court for the District of Columbia has published some rules regarding cases filed under the new Dodd-Frank resolution authority. To say they are skeletal is something of an understatement; half of the text restates stuff from the statute.


Lipson's Back, Is He Going to Be Trouble? (Hey-La, Lipson's Back)

Posted on February 09, 2011
When you see him coming, you had better cut out on the double. Hey-la, hey-la. Lipson's Back You've been spreading lies that I was untrue. Hey-la . . . OK, I'll stop. We're happy to announce that Jonathan Lipson, the...


Bob's Boyfriend (or Something that Won't Happen)

Posted on February 09, 2011
I have to say that, while I have had many interesting introductions--and Bob has called me many interesting things over the years--"boyfriend" (by implication) hasn't been one of them. (If you find the old Angel's version cloying checkout the Raveonettes')...


Bankruptcy Robosigning Business Challenged by Debtors, Trustee

Posted on February 08, 2011
A new amended class action complaint filed on behalf of Chapter 13 debtors, with their Trustee as additional plaintiff, describes in exhaustive detail the business of Lender Processing Services and its network of creditor attorneys and mortgage servicers...


The End of Gift Plans?

Posted on February 08, 2011
This week's post, up at Dealbook.


Many Thanks to Troy McKenzie

Posted on February 07, 2011
On behalf of Credit Slips, I want to thank Troy McKenzie for joining us a guest blogger. Professor McKenzie's posts raised lots of interesting questions about attorneys' fees in bankruptcy and the Constitutional status of bankruptcy courts. I'm glad to...


From the Sixth Circuit with Love (for Creditors)

Posted on February 07, 2011
Last Friday, the U.S. Court of Appeals for the Sixth Circuit released an opinion in a case called Carroll v. Baud. The decision, which generally ended badly for the consumer bankruptcy filers involved in the case, involved technical interpretive issues...


Bankruptcy Filings Hit 2-Year Low in January

Posted on February 07, 2011
In January, households and businesses filed bankruptcies at the rate of 5,090 per day. The last time the daily bankruptcy filing rate was this low was January 2009. Monthly bankruptcy filings are sensitive to the number of business days in...


The Bankruptcy Code and the FCIC

Posted on February 03, 2011
Mike has done a great service to us chapter 11 types over at Rortybomb, by aggregating all of the quotes from the FCIC report regarding the 2005 expansion of the safe harbors on the Code.


Vallejo's Chapter 9 plan

Posted on February 03, 2011
The City of Vallejo has filed its Disclosure Statement and plan in its Chapter 9 bankruptcy case. The plan proposes paying general unsecured creditors, mostly employees and retirees, about 5 cents on the dollar from a $6 million fund, an...


Internet Payday Loans, Arbitration Clauses, and Agreements Not to Bring Class Actions

Posted on January 31, 2011
You know a case before the New Mexico Court of Appeals is a big when lots of out of town lawyers come to argue the case. And, so it was in the case of Andrea Felts, heard on January 19,...


Open Mouth, Insert Foot

Posted on January 28, 2011
Japan's debt got downgraded by S&P because it doesn't believe that the Japanese government is serious about taking measures to cut its deficit. And here's what the Japanese Prime Minister Naota Kan had to say, ?I just heard that news....


The Upside of High Fees

Posted on January 28, 2011
Some of the comments to Stephen Lubben's post on "overhead" raised the longstanding complaint about high fee awards in New York and Delaware Chapter 11 cases. We all know the academic and political condemnations of Chapter 11 as merely a...


Undead, Undead, Undead

Posted on January 27, 2011
If you study chapter 11 professional fees long enough, you will see certain arguments that never seem to go away. The one I keep hoping is gone, only to see it rise again, involves "overhead." The latest attempt to reanimate...


Clash of the Titans: RMBS Edition

Posted on January 27, 2011
And so it begins. We're about to witness the main event in financial institution internecine warefare: investment funds (MBS buyers) vs. banks (MBS sellers). There have already been some opening skirmishes. The monoline bond insurers (MBIA, Syncora, FGIC, Ambac (and...


The Politics of State Bankruptcy and Resolution Authority

Posted on January 26, 2011
Channeling my inner Alan White, my Dealbook post this week talks about the politics of expanding chapter 9 and using chapter 11 in place of the Dodd-Frank resolution authority. In short, while I actually support both ideas, with some qualifications,....


Anna Nicole Smith and Mass Torts in Bankruptcy

Posted on January 26, 2011
Stern v. Marshall presents another issue that deserves attention. In addition to the constitutional arguments, the respondent (the creditor) raised a statutory objection to the bankruptcy court's ability to hear and decide the debtor's counterclaim as a core proceeding...


Losing Part of Our Foundation

Posted on January 24, 2011
Back in June 2006, there were seven professors who were working on the Consumer Bankruptcy Project. We were knee-deep in the minutiae of drafting surveys, codebooks, and interviews. We started Credit Slips as a way to have some intellectual interaction...


Welcome Troy McKenzie

Posted on January 24, 2011
Credit Slips would like to welcome Troy McKenzie as a guest blogger. Troy is an Associate Professor of Law at NYU Law School, where he teaches bankruptcy, civil procedure, and complex litigation classes. Troy's scholarship has focused on the intersection...


Republicans back Bankruptcy Expansion

Posted on January 24, 2011
For states. Republicans including Newt Gingrich and Texas Senator John Cornyn are advocating amendments to the Bankruptcy Code to permit states to file for relief from their debts. Last week's New York Times front-page article gives added heft to this...


Anna Nicole Smith, Equity, and Article III

Posted on January 24, 2011
As John Pottow previewed in this post, the Supreme Court heard oral argument last week in Stern v. Marshall, better known as "The Anna Nicole Smith Case II." Justice Sotomayor put the first question to Kent Richland, lawyer for Vickie...


Visa's Identity Theft (I Mean Superbowl) for Life Promotion

Posted on January 23, 2011
In the midst of the Bears' ignominious defeat at the hands of the Packers, I saw a commercial advertising Visa's Superbowl for Life promotion. It's a sweepstakes. Users of Visa's signature debit and credit products are automatically entered with every...


Does the Public Think Most Payday loans Get Rolled Over?

Posted on January 21, 2011
This cartoon suggests that the public thinks they do get rolled over. Otherwise, this woudn't be funny! Download Payday.us.china.


Bank Walk Aways

Posted on January 20, 2011
The phenomenon of jungle mail or "strategic default" has become well known enough over the past few years. There's a lesser known phenomenon, though, known as bank walk aways. With a bank walk away, the lender will fail to pursue...


Thinking About Resolution Authority

Posted on January 18, 2011
And its relation to other insolvency systems, over on Dealbook.


Foreclosures in Violation of the Servicemembers' Civil Relief Act

Posted on January 17, 2011
A few months ago, after the robosigning scandal broke, the banks assured us that they had done a thorough review of their foreclosure processes and everything was in order. I seem to recall JPMorgan Chase's CEO Jaime Dimon stating in...


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