All items from Credit Slips

Over at VoxEU, economists Daniel Aronson and Eric French have a discussion about the their research of the effects of a minimum wage hike. I found my way to this post through Yves Smith's discussion of the topic at Naked Capitalism, which also includes some informative tables showing that the proposed hike to $9/hour is still below a living wage in many areas of the country.



Posted 10 weeks 4 days ago

TitleLoanOn behalf of eveyone at Credit Slips, I wanted to thank Professor Paige Skiba for spending a week with us. Paige was able to share data from her new paper with Jim Hawkins on title loans.
As the blog administrator, what I appreciated perhaps most of all was Paige's use of our Shutterstock account to liven up the main blog page with some images and color. (I am looking at you fellow Credit Slips bloggers.) In tribute to Paige's time with us, here is the photo that comes up when you search for "title loan" at Shutterstock. I shudder to imagine what automobile goes with that key!
Thanks again, Paige.
Key and title image from Shutterstock.



Posted 10 weeks 6 days ago

It’s National Consumer Protection Week (NCPW)!   Federal, state, local, and nonprofit consumer protection agencies and organizations are making extra efforts to promote consumer awareness
First I have to get out of my system thoughts of Tom Lehrer’s song, National Brotherhood Week:
                Step up and shake the hand/Of someone you can’t stand . . .
                It’s only for a week so have no fear/Be grateful that it doesn’t last all year.
But to get back on message, of particular interest to Credit Slips readers is this part of the mission of consumer protection described on the NCPW website:
    "Financial Fraud Scams: American consumers owe a whopping $11.31 trillion dollars in debt and are behind on paying about $1.01 trillion of that amount. Mortgages, student loans, and credit cards account for a large portion of that debt. Consumers are often haunted with huge monthly payments, and fraudsters take advantage of that with debt relief scams, tax scams, and other financial fraud scams. Scams target individuals who are in financial distress, but they fail to fulfill their promises, and typically leave consumers worse off than when they started."



Posted 10 weeks 6 days ago

WestcottFSUAs has been reported elsewhere (and also here), Judge Bruce Markell of the U.S. Bankruptcy Court of Nevada has agreed to join the faculty at Florida State as the Jeffrey A. Stoops Professor of Law. Markell started his career as a judicial law clerk to a then-Ninth Circuit judge named Anthony Kennedy. He joined Sidley & Austin where he became a partner specializing in bankruptcy. He next was a professor at Indiana University until he finally reached the pinnacle of his career -- being my colleague at UNLV. In fact, it was such an honor for him to be my colleague that he joined the UNLV faculty several years before I did.



Posted 10 weeks 6 days ago

Apparently part of the bank flaks' talking points regarding the foreclosure reviews is that to the extent homeowners harmed by wrongful foreclosures, they were actually drug dealers. The message: we didn't foreclose on anyone who didn't deserve it. We were just foreclosing on some scumbags and doing you all a favor by getting the meth lab out of the neighborhood before it blew up. We're part of the war on drugs. 
This talking point is particularly revealing, I think, both about how seriously our largest financial institutions take sanctity of contract, and about the nature of the whole independent foreclosure review sham.  



Posted 11 weeks 2 days ago

The more we learn about the mortgage servicing settlement, the more rotten it's looking. I really didn't think it was possible, but this piece in the New York Times details more problems, including with Servicemembers Civil Relief Act (SCRA) violations in the form of foreclosures on active duty military members.  
I'm still trying to wrap my head around how mortgage servicers have been violating SCRA. This should be one of the easiest darn things for servicers to comply with. The Department of Defense runs a free SCRA database. It's really easy to run a SCRA check prior to commencing a foreclosure. The total transaction costs of doing the search are virtually zero--a couple minutes of time from a high school graduate is all that is necessary.  The fact that this doesn't seem to have happened in way too many cases is a sign of how bad compliance has been in the servicing space. 



Posted 11 weeks 2 days ago

Mark makes an immensely important point in his post on the latest in NML v. Argentina; it merits emphasis and perhaps an extension. The fact that a U.S. federal court proposed departing from sovereign bond contract terms is a big deal--even if the range of acceptable departures turns out to be small (de-acceleration?), and even if Argentina declines the invitation. A regime where a court enforces involuntarily modified contracts looks like sovereign bankruptcy, achieved here using the court's equitable powers against the background of the debtor's immunity. 
This echoes the idea that Marcus Miller and Dania Thomas proposed some years ago, when they interpreted the totality of Judge Griesa's rulings as proto-bankruptcy. Of course that was before Judge Griesa got fed up. 
I am not exactly holding my breath for a constructive response from Argentina, or acquiescence from Elliott. But even if nothing happens, my sense is that we have crossed a sovereign bankruptcy milestone. And markets rallied



Posted 11 weeks 4 days ago

Professor Mark Weidemaier of the University of North Carolina has been guest blogging with us since early November. Today's post on the Second Circuit's pari passu hearing in the NML litigation marked an end to his time with us. Mark hung around so he couuld keep our readers updated on  this important litigation on sovereign debt. Mark's and Anna Gelpern's posts on the topic have been among the most followed on Credit Slips. I just wanted to thank Mark for taking the time to share his expertise with our readers. 



Posted 11 weeks 4 days ago

One major benefit of being a member of the American Bankruptcy Institute is a nice rundown of daily bankruptcy-related headlines delivered by email daily. Today's list included a combination of headlines that made me smile ...
"Girls Gone Wild Files for Bankruptcy" was an interesting enough headline, but immediately following it was this: "Grupo Bimbo Wins Hostess Beefsteak Auction." Nice.



Posted 11 weeks 4 days ago

The pari passu hearing is over and done and, as Anna Gelpern described, what a hearing it was. Perhaps most interesting was the panel's apparent openness to an alternative payment formula that wouldn't require Argentina to pay the full accelerated debt immediately. But it looked unlikely that such a compromise could be reached. The panel seemed unwilling to limit holdouts to payments equivalent to those received by exchange bondholders, and Argentina seemed unwilling to pay a penny more (and possibly not even that). That doesn't leave many options.
In an unusual move, the panel has reached out to break the impasse. It just entered an order requiring Argentina, by March 29, to specify "the precise terms of any alternative payment formula and schedule to which it is prepared to commit." In a sense, the order is an attempt to save face. The court clearly thinks Argentina should pay something, yet it is understandably hesitant to issue an order that Argentina will simply disregard. ("Not gonna happen," I think was the phrase used by Argentina'a counsel during Wednesday's argument...)



Posted 11 weeks 4 days ago