11 posts from April 2017

How to Get Involved with the ABI Consumer Commission

posted by Bob Lawless

As Jason Kilborn noted last month, the American Bankruptcy Institute (ABI) has formed a Commission on Consumer Bankruptcy. More information about the Commission is available on its web site including the unfortunate news that it got saddled with me as the reporter. We very much invite input and suggestions about the Commission's work. Right now is an especially good time to get involved as the Commission sets its agenda.

The ABI has charged the Commission with "researching and recommending improvements to the consumer bankruptcy system that can be implemented within its existing structure. These changes might include amendments to the Bankruptcy Code, changes to the Federal Rules of Bankruptcy Procedure, administrative rules or actions, recommendations on proper interpretations of existing law and other best practices that judges, trustees and lawyers can implement."

Continue reading "How to Get Involved with the ABI Consumer Commission" »

New Museum of Failure

posted by Jason Kilborn

A new Museum of Failure in Sweden stands as a tribute to the notion that failure is just an opportunity for learning, powering growth and future innovation. I thought no group could appreciate that as much as Credit Slips readers. Europe is still in the process of shaking off its ages old stigma with respect to failure, especially in the context of individual entrepreneurialism. It's amazing how difficult real reform of both business and personal insolvency law has been and continues to be there (and elsewhere outside the Anglo-American world). I've long thought that shaking off these hangups, embracing failure, and facilitating fresh innovation are among the core attitudes that have made America great. Three cheers for failure!

Where's the Bear?

posted by Adam Levitin

For all of the attention that has been given to the Fearless Girl and Charging Bull statues on Wall Street, I've been marveling at what's missing from the picture:  a bear. It's not just that an ursine addition adds whimsy to virtually everything. It's what its absence says about our market culture. 

The bull, of course, is the symbol of a rising market, the bear, a falling one. And Americans love bulls and hate bears.  When they "do the numbers" on the news (the biggest waste of airtime), it's always a good thing when markets are up, and bad when they're down.  This is idiotic.  We should want market prices to be right, which should mean an indifference between short and long positions.  I love the Fearless Girl statue, but if we're telling a market story, not a gender equality story, then the Charging Bull should be faced off by a Roaring Bear.  

Continue reading "Where's the Bear? " »

Judge Selection in Municipal Bankruptcy and PROMESA

posted by Melissa Jacoby

In light of the timeline on the Puerto Rico debt situation, I have just posted on SSRN a contribution to the ABLJ/ABA symposium last fall. The paper examines PROMESA's judicial selection requirements applicable to a Puerto Rico Title III filing (the equivalent of a bankruptcy), and puts them in the context of municipal bankruptcy history.  This paper can be downloaded here.

Thoughts and Frustrations – Jevic

posted by Stephen Lubben

Over at Dealb%k.

Global Preferences

posted by Jay Lawrence Westbrook

An important opinion by one of our most knowledgeable bankruptcy judges, Judge Bernstein in Manhattan, may have reached the right result by the wrong path in deciding if a foreign debtor’s Chapter 7 trustee can avoid a foreign transfer to a foreign creditor. In re Ampal-American Israel Corp., 562 B.R. 601 (2017) (Ampal). Because the opinion’s reasoning may seriously weaken section 547 of the Bankruptcy Code, it is worth imposing on the reader’s time for a brief analysis.

Ampal, a corporation organized in the United States but operated in Israel, filed a Chapter 11 case that was converted to Chapter 7. The trustee sought to recover a preference paid through a bank in Israel to its Tel Aviv law firm. The company’s only substantial business connection with the United States was its listing on NASDAQ. The court held that section 547 of the Bankruptcy Code did not apply, which was very likely correct. (The trustee apparently did not seek to apply Israeli law.)

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Secured Transactions in the Funny Pages

posted by Bob Lawless

From the always wonderful Pearls Before Swine, some humor for the secured lending crowd.

New Report on Car Insurance Redlining

posted by Pamela Foohey

Empirical studies have shown that minorities pay more for goods and services, and that they pay more to finance their purchases of those goods and services -- for instance, through subprime home and auto loans. Machine Bias, a new study from ProPublica and Consumer Reports, adds car insurance premiums to the list of what minorities can expect to pay more for. The study uses zip codes to analyze auto insurance premiums and payouts in four states, California, Illinois, Texas, and Missouri. It finds that major insurers charge up to 30% more in minority neighborhoods as compared to white neighborhoods with the same risk profile. The results mean that where someone lives matters even more, and could have devastating consequences on upward mobility. When faced with budget-busting car insurance bills, do people give up the cars they need to get to work? Or do they go out without necessities, such as food and medicine, so they can pay their car insurance premiums?

Katie, Remember Us When

posted by Bob Lawless

It is with incredibly mixed feelings that I pass along to our readers that Professor Katie Porter is leaving our blog. Katie was one of the original bloggers on Credit Slips back in 2006. There were a number of us who were working together in an intensive data-collection phase of a research project, and a blog was a great way to have some intellectual interaction that was more than how to word a survey question. It worked and somehow the blog stayed around. Katie's posts are insightful, thought-provoking, and witty. We will miss her contributions.

If we have to lose one of our founding bloggers, it is at least for a very exciting reason. Katie is leaving Credit Slips is to focus her efforts on her recently announced candidacy for the U.S. House of Representatives in California's 45th Congressional District. Speaking for myself, I think Katie would be fantastic in Congress. She is whip-smart and a determined advocate for consumers. Former Credit Slips blogger Elizabeth Warren put it succinctly: "Katie is a fighter!" I wish Katie nothing but success in her campaign.

We also have made a change to the way we list our blog contributors. At one time, it made sense to distinguish between more frequent and less frequent contributors. Now, everyone is simply listed as a contributor. This change is long overdue, and I had been meaning to make it for a while. My day job seems to keep interfering with the many ideas I often have to improve the blog.

Foreclosure Crisis Update

posted by Alan White

As the subprime foreclosure crisis grinds down slowly (there are still roughly 3 million pre-crisis subprime mortgages outstanding, many of them delinquent), and the HAMP program sunsets, the time has come to appraise the total damage done. In the ten years from 2007 through the end of 2016, about 6.7 million foreclosure sales were completed, and another 2 million or so short sales and deeds-in-lieu of foreclosure brought the total home losses to about 8.7 million, according to HOPE NOW.

Subprime mortgages accounted for 2 million of those foreclosure sales and perhaps another 500,000 of the stressed sales. The 2.5 million total home losses roughly matches predictions made at the onset of the crisis, and exceed by a considerable number the total number of subprime mortgages made to first-time home buyers from 2000 to 2007. In other words, subprime mortgages subtracted more than they added to home ownership.

The pre-crisis loans are by no means all resolved. About one million active mortgage loans were modified under the HAMP program, meaning that interest rates and payments were reduced for up to five years. Many of those mortgages will face steep rate and payment increases in the coming years, and many are also in negative equity, making sale or refinancing difficult or impossible. A total of around 8 million mortgages were modified under various programs at some point, although a significant portion of those later ended up among the 8 million home losses. The good news is that the number of homes whose mortgage exceeds the market value (underwater or negative equity) has declined from 30% of homes to fewer than 8%. The bad news is that just under 8% of homes are still underwater, a precarious situation that remains historically unprecedented.

These stats and many others can be found in an excellent new monthly housing finance data compendium from the Urban Institute.

More Thoughts on Ukraine

posted by Mark Weidemaier

Having had a few days to digest the ruling awarding summary judgment to the trustee (suing at the direction of the Russian government), I wanted to elaborate on my earlier thoughts about the court's reasoning. As Anna points out, the ruling may be appealed, and in any event the dispute will not be settled for some time. But the recent ruling may be the most significant to come out of the case, so it's worth talking about in a bit more detail. I have already described the defenses Ukraine raised in response to the lawsuit, so I'll skip those details here. In brief, however, Ukraine argued that the loan was made under duress, that the government lacked capacity to enter it, and that the loan included implied terms equivalent to the doctrines of prevention or impracticability--i.e., that Russia implicitly promised not to seek repayment if its own conduct (annexation of Crimea and military intervention in the east) made it difficult or impossible to repay.

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  • As a public service, the University of Illinois College of Law operates Bankr-L, an e-mail list on which bankruptcy professionals can exchange information. Bankr-L is administered by one of the Credit Slips bloggers, Professor Robert M. Lawless of the University of Illinois. Although Bankr-L is a free service, membership is limited only to persons with a professional connection to the bankruptcy field (e.g., lawyer, accountant, academic, judge). To request a subscription on Bankr-L, click here to visit the page for the list and then click on the link for "Subscribe." After completing the information there, please also send an e-mail to Professor Lawless (rlawless@illinois.edu) with a short description of your professional connection to bankruptcy. A link to a URL with a professional bio or other identifying information would be great.

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