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Implementing Symmetric Treatment of Financial Contracts in Bankruptcy and...

By Edward J. Janger (Brooklyn Law School) and John A.E. Pottow (University of Michigan Law School) Financial contracts, such as swaps, repos, and options, are excepted from the Bankruptcy Code’s...

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Too Big and Unable to Fail

By Stephen J. Lubben (Seton Hall University School of Law) and Arthur E. Wilmarth, Jr. (George Washington University Law School) Financial regulation after the Dodd-Frank Act has produced a host of new...

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Senator Reed Introduces Study Bill to Assess Systemic Risk Impact of...

On December 6, Senator Jack Reed introduced a bill aimed at establishing a more informed basis for regulatory and policymaking action on financial institution bankruptcies. The bill would mandate...

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The Resolution of Distressed Financial Conglomerates

By Howell E. Jackson (Harvard Law School) & Stephanie Massman (Harvard Law School, J.D. 2015) One of the most elegant legal innovations to emerge from the Dodd-Frank Act is the FDIC’s Single Point...

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White House Releases Memorandum on Orderly Liquidation Authority

On April 21, the White House released a memorandum placing a reconsideration of the Dodd-Frank Act’s Orderly Liquidation Authority (OLA) on the administration’s agenda. The memorandum directs the...

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Financial Scholars Submit Letter to Congress Opposing Repeal of Title II

On May 23, bankruptcy and financial scholars submitted a letter to members of Congress opposing the Financial CHOICE Act’s proposed replacement of the Dodd-Frank Act’s Orderly Liquidation Authority...

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Do the Financial Institution Bankruptcy Act and the CHOICE Act Undermine an...

By Bruce Grohsgal (Delaware Law School, Widener University) The House recently passed the Financial Institution Bankruptcy Act of 2017 (FIBA). FIBA’s provisions are incorporated into the Financial...

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Roundup: Recent Op-Eds on Bankruptcy for Banks

The House of Representatives’ passage first of the Financial Institution Bankruptcy Act (FIBA) and then of the Financial CHOICE Act last Thursday has made bankruptcy for banks and the fate of...

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Don’t Bank on Bankruptcy for Banks

By Mark Roe (Harvard Law School) In the next month, the US Treasury Department is expected to decide whether to seek to replace the 2010 Dodd-Frank Act’s regulator-led process for resolving failed...

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Senate Judiciary Committee Hearing on Bankruptcy for Banks and Proposed...

On November 13, 2018, the Senate Judiciary Committee held a hearing on “Big Bank Bankruptcy: 10 Years After Lehman Brothers,” in connection with the proposed “Taxpayer Protection and Responsible...

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