On November 13, 2018, the Senate Judiciary Committee held a hearing on “Big Bank Bankruptcy: 10 Years After Lehman Brothers,” in …
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 …
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 …
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Do the Financial Institution Bankruptcy Act and the CHOICE Act Undermine an Effective Restructuring of a Failing Financial Institution?
By Bruce Grohsgal (Delaware Law School, Widener University) The House recently passed the Financial Institution Bankruptcy Act of …
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 …
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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 …
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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 …
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Senator Reed Introduces Study Bill to Assess Systemic Risk Impact of “Bankruptcy-for-Banks” Reforms
On December 6, Senator Jack Reed introduced a bill aimed at establishing a more informed basis for regulatory and policymaking …
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 …
Implementing Symmetric Treatment of Financial Contracts in Bankruptcy and Bank Resolution
By Edward J. Janger (Brooklyn Law School) and John A.E. Pottow (University of Michigan Law School) Financial contracts, such as …
Establishing “Credible Losers” at Systemically Important Bank Holding Companies
By John Crawford, UC Hastings College of Law Systemically important bank holding companies (“SIBs”) have always had an abundance …
Bankruptcy Code Amendments Pass the House in Appropriations Bill
On July 7, the House of Representatives passed an appropriations bill (H.R. 5485) that includes a revised version of H.R. 2947, …
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House Judiciary Committee Approves Bill to Amend Chapter 11 for Financial Institution Bankruptcies
On February 11, 2016, the House of Representatives Judiciary Committee approved H.R. 2947—the Financial Institution Bankruptcy Act …
House Advances Bipartisan Financial Institution Bankruptcy Act
By Stephen D. Adams, Editor, HLS Bankruptcy Roundtable On September 10, 2014, the House Judiciary Committee approved H.R. 5421, …
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Practitioners, Academics, and a Judge Testify about Safe Harbors before Congress
Author: Stephen D. Adams The House Judiciary Subcommittee on Regulatory Reform, Commercial, and Antitrust Law has held two sets …