NEWS AND ANALYSIS
DELINQUENT PAYMENTS EDGE UP FOR CREDIT CARD ISSUERS
JPMorgan Chase, Discover Financial Services, American Express Co. and Capital One Financial Corp. each reported higher delinquency rates for September in regular monthly filings with the Securities and Exchange Commission, Dow Jones Newswires reported today. Delinquency rates, typically measured as a percentage of loans for which borrowers are at least 30 days late on a payment, have fallen drastically since the financial crisis as consumers have been cautious about taking on new debt and card issuers have purged troubled accounts from their books. Analysts have predicted that this progress will begin to diminish, though, since there is little room for the rates to fall further and as some banks get back into subprime lending. Read more.
COMMENTARY: CFPB'S RECENT PROPOSAL DOES NOT GO FAR ENOUGH TO ADDRESS FORECLOSURE ABUSES
The Consumer Financial Protection Bureau's (CFPB) recent proposal to regulate the foreclosure process is a disappointment as it retreats from many existing requirements, according to a New York Times editorial today. The CFPB's proposal does not impose any meaningful standards for loan modifications beyond those already required by various federal programs and agreements, many of which will expire in the future and none of which apply to the entire industry, according to the editorial. In place of concrete standards, the bureau’s proposal largely relies on procedural reforms, like requiring servicers to establish reasonable policies for managing paperwork and answering phone calls from borrowers, to contact borrowers at an early stage of delinquency, and to adhere to deadlines for responding to borrowers who need help. What is needed, according to the editorial, are requirements to make sure that all borrowers facing hardship are considered for loan modifications according to specific, publicly available criteria, and that loans are modified for all eligible borrowers. Read more.
OBAMA, ROMNEY SQUARE OFF ON AUTO BAILOUT IN FINAL DEBATE
In their third and final presidential debate ahead of the Nov. 6 election, President Obama said that if Mitt Romney's position on the $85 billion federal auto bailout had been in place, the U.S auto industry would have ceased to exist, the Detroit News reported today. Romney rejected Obama's claims, saying that he would not have allowed Detroit's Big Three automakers to liquidate. In his November 2008 New York Times column titled "Let Detroit Go Bankrupt," Romney said that he would support some aid but only after a bankruptcy filing. "The federal government should provide guarantees for post-bankruptcy financing and assure car buyers that their warranties are not at risk," he wrote. Click here to read more.
Click here to read Romney's op-ed that appeared in the New York Times in 2008.
LATEST ABI PODCAST FEATURES EXPERTS LOOKING AT U.S./MEXICO CROSS-BORDER INSOLVENCY ISSUES
In advance of ABI's Inaugural Mexico Restructuring Symposium on Nov. 7 in Mexico City, ABI Executive Director Sam Gerdano speaks with panelists Richard J. Cooper of Cleary, Gottlieb, Steen & Hamilton LLP (New York) and Thomas S. Heather of Heather & Heather (Mexico City). Cooper and Heather provide a preview of their panel's discussion about similarities and differences between insolvency laws in the U.S. and Mexico. Click here to listen to the podcast.
SHOW YOUR SUPPORT FOR STEVEN GOLICK, A COLLEAGUE AND ABI LEADER FACING MAJOR SURGERY TODAY
Our friend Steven Golick (Osler Hoskin & Harcourt LLP, Toronto) is facing a medical crisis. He has been diagnosed with a serious brain tumor, requiring complex surgery and treatment. Steven’s spirits are very strong and he and his family remain optimistic, but he can use our support. A prominent international restructuring attorney and an ABI member since 1994, Steven is also a founding member of the ABI house band, the Indubitable Equivalents. Because the band is important to Steven, his fellow band-mates have organized a new Blog site for Steven's friends and colleagues to show their love and support at this critical time. Please click on this link to share your thoughts with many others, and post as often as you'd like.
MEMBERS WILL NOT WANT TO MISS ABI'S PROGRAM AT NCBJ'S ANNUAL MEETING ON FRIDAY
Members planning to attend the 86th Annual NCBJ Annual Conference in San Diego starting tomorrow will not want to miss the exciting line-up scheduled for the ABI program track on Friday. In addition to roundtable discussions on the hottest consumer and business bankruptcy topics, ABI will be hosting a ticketed luncheon that will feature the presentation of the 7th Annual Judge William L. Norton, Jr. Judicial Excellence Award and entertainment by Apollo Robbins, a sleight-of hand artist, security consultant and self-described gentleman thief. Click here to register for the Conference.
To view the list of ABI programs on Friday and the full NCBJ Annual Conference schedule, please click here.
ABI's Chapter 11 Reform Commission will also be holding a public hearing on Friday from 2:30-4:30 p.m. PT at the San Diego Marriott. For further information, please contact ABI Executive Director Samuel J. Gerdano at [email protected]
LATEST CASE SUMMARY ON VOLO: HADDAD V. ALEXANDER, ZELMANSKI, DANNER & FIORITTO, PLLC (6TH CIR.)
Summarized by Scott J. Whitacre
In a nonbankruptcy debt-collection matter, the Sixth Circuit reversed the district court and held that a condominium association assessment was a “debt” regulated by the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) where the owner purchased the condominium as a residence and used it as such for 13 years but later leased it out to others.
There are more than 650 appellate opinions summarized on Volo, and summaries typically appear within 24 hours of the ruling. Click here regularly to view the latest case summaries on ABI’s Volo website.
NEW ON ABI’S BANKRUPTCY BLOG EXCHANGE: SIXTH CIRCUIT FIRST COURT OF APPEALS TO ADDRESS FRAUDULENT TRANSFERS IN LIGHT OF STERN
The Bankruptcy Blog Exchange is a free ABI service that tracks 35 bankruptcy-related blogs. A recent blog post found that in deciding Onkyo Electronics v. Global Technovations Inc. (In re Global Technovations Inc.), the U.S. Court of Appeals for the Sixth Circuit became the first court of appeals to considered whether, following the Supreme Court’s decision in Stern v. Marshall, a bankruptcy court has jurisdiction to enter a final judgment on a fraudulent transfer action. The Sixth Circuit held that the bankruptcy court in question had jurisdiction to enter a final judgment on a fraudulent transfer because the creditor had filed a proof of claim. The holding, however, implied that the Sixth Circuit would not have held that the bankruptcy court had such authority if the creditor had not filed a proof of claim.
Be sure to check the site several times each day; any time a contributing blog posts a new story, a link to the story will appear on the top. If you have a blog that deals with bankruptcy, or know of a good blog that should be part of the Bankruptcy Exchange, please contact the ABI Web team.
ABI Quick Poll
Section 523(a)(8) should be amended to allow private student loans to be discharged in bankruptcy.
Click here to vote on this week's Quick Poll. Click here to view the results of previous Quick Polls.
HAVE YOU TUNED IN TO BLOOMBERG LAW'S VIDEO PODCASTS?
Bloomberg Law's video podcasts feature top experts speaking about current bankruptcy topics. The podcasts are available via Bloomberg Law's YouTube channel so that you can access the programs from your computer or device of your choice! Click here to view the Bloomberg Law video podcasts.
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ABI'S PROGRAM AT NCBJ'S ANNUAL MEETING
CHAPTER 11 COMMISSION HEARING
Oct. 26, 2012
Oct. 29, 2012
Nov. 7, 2012
4TH ANNUAL PROFESSIONAL DEVELOPMENT PROGRAM
Nov. 9, 2012
Nov. 12, 2012
Nov. 29 - Dec. 1, 2012
Dec. 4-8, 2012
Jan. 24-25, 2013
Feb. 7-9, 2013
Feb. 17-19, 2013
Feb. 20-22, 2013