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FHFA Seeks to Limit Mortgage Buybacks Afflicting Big Banks

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ABI Bankruptcy Brief | June 19, 2012


 


  

June 19, 2012

 

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  NEWS AND ANALYSIS   

FHFA SEEKS TO LIMIT MORTGAGE BUYBACKS AFFLICTING BIG BANKS



The Federal Housing Finance Agency (FHFA), the regulator of Fannie Mae and Freddie Mac, plans to help banks avoid being forced to buy back mortgages out of concern that lenders are tightening standards even for the most creditworthy home buyers, Bloomberg News reported today. The FHFA is also standardizing the data Fannie Mae and Freddie Mac collect on each loan so they have more information when buying mortgages from lenders. Banks are requiring credit scores on government-backed loans that are between 100-200 points higher than the minimums set by Fannie Mae, Freddie Mac and the Federal Housing Administration, after the government-controlled agencies demanded that lenders repurchase more than $80 billion in flawed loans over the past three years. PNC Financial Services Group Inc. said on June 12 that it is increasing reserves by $350 million to cover demands, while Bank of America Corp., the second-biggest U.S. lender, said in May that it will buy back $330 million of home loans from Freddie Mac. Read more.

ANALYSIS: BANKS WORRY AS BREAKUP TALK REVIVED AFTER JPMORGAN LOSS



Congress' inquiry into JPMorgan Chase & Co.'s $2 billion trading loss has reignited the question of whether a bank can grow too large and complex for its own executives to oversee, Bloomberg News reported yesterday. The banking industry is taking notice that a move to cap the size of Wall Street firms is gaining traction on Capitol Hill. "There seems to be growing interest in some type of breakup proposal," said Sheila Bair, a former chairman of the Federal Deposit Insurance Corp. The concept is expected to arise today as JPMorgan Chief Executive Officer Jamie Dimon testifies before the House Financial Services Committee on the trading debacle. Last week he told the Senate that the losses, which carved about $23 billion from the bank’s market value, were due to a poor investing strategy coupled with management failures. Senator Sherrod Brown (D-Ohio) seized on that admission at the hearing. "It appears executives and regulators simply can't understand what is happening in all these offices at once," Brown said during the June 13 hearing. "It demonstrates to me that too-big-to-fail banks are, frankly, too-big-to-manage and too-big-to-regulate." While bank lobbyists say they are still most concerned that JPMorgan's trading loss could prompt regulators to write a stronger U.S. rule against proprietary trading, they are also closely monitoring the emerging talk about too-big-to-manage. Read more.

RATING-FIRM OVERSIGHT TO INCREASE



The head of a new federal office charged with overseeing the credit-rating firms pledged to step up scrutiny of an industry blamed by lawmakers for exacerbating the financial crisis, the Wall Street Journal reported today. Thomas J. Butler, a former brokerage executive, was sworn in Monday as director of the Securities and Exchange Commission's Office of Credit Ratings. The office was created by the Dodd-Frank Act in response to allegations that credit-rating firms had rated too highly many of the mortgage-linked securities at the heart of the housing bubble. As one of his first tasks, Butler said that he will explore whether the office will have its own enforcement, examination and rule-writing staff. Such a step would increase the number of people who would devote their full attention to overseeing credit-rating firms, including Standard & Poor's Ratings Services and Moody's Investors Service. Currently, at least 20 people are dedicated to oversight of the credit-rating firms, working in the SEC's different divisions. Butler said that the SEC's most recent budget granted the new office the power to have around 30 employees. Read more. (Subscription required.)

GM SEEN FUELING PENSION DEALS AS EMPLOYERS FACE SHORTFALL



General Motors Co.'s deal to cut pension obligations by $26 billion and shift plans to Prudential Financial Inc. is poised to fuel more transfers as U.S. firms face a retirement-funding shortfall the size of Greece's debt, Bloomberg News reported today. MetLife Inc. and Prudential are among insurers that expect the GM deal to encourage more corporations to offload plans. Pension liabilities exceed assets by more than $435 billion, according to a Bloomberg review of data disclosed by firms in the Russell 1000 Index of large U.S. companies. Greece, facing demands for austerity measures in exchange for rescue funds, had total debt of about $450 billion at the end of 2011. Employers who endured two stock-market crashes in a decade and 10-year Treasury yields near record lows may be tempted to follow GM’s lead by paying insurers to take the risk that market returns are inadequate or that beneficiaries live longer than expected. GM, the largest automaker, said that most of the 118,000 retirees and surviving beneficiaries affected by the shift will get Prudential annuities, with about 42,000 having the option of lump-sum payments. GM pensions were underfunded by $25.4 billion, the largest gap among the biggest U.S. companies, as of Dec. 31. The Detroit-based firm had global pension obligations of about $134 billion. Read more.

REPORT: CEO PAY IS RISING DESPITE SCRUTINY



Despite a lot of noise from shareholders and a few victories at big names like Citigroup and Hewlett-Packard, CEO pay continues to rise, according to a report in Sunday's New York Times. Median pay of the nation's 200 top-paid CEOs was $14.5 million, equating to a 5 percent raise, according to a study conducted for the New York Times by Equilar, a compensation data firm based in Redwood City, Calif. Because the list includes only the CEOs of public companies, it does not capture the many billions that have been earned by top hedge fund managers and private-equity dealmakers in recent years. But even in the more narrow universe of public companies, the complete Equilar study shows that there were not one, but two executives who had nine-figure paydays last year — the first time that has ever happened, according to Aaron Boyd, Equilar's head of research. Read more.

CREDIT CARD COMPLAINTS TO BE AVAILABLE ONLINE



The Consumer Financial Protection Bureau (CFPB) today is launching the first part of an online database of complaints from customers in the $2.05 trillion credit card industry, the Wall Street Journal reported today. The database will list searchable information about individual complaints, including the name of the company responsible for the credit card, the type of complaint and the customer's ZIP Code. Initially, it will only contain credit card-related complaints the bureau has received as of June 1, which means it is likely to have only 100 or so entries at first, according to a senior CFPB official. The bureau, which has been collecting credit card complaints since last July, will add in older complaints later this year. It may also incorporate complaints about other products, such as mortgages and private student loans, in the future. Read more. (Subscription required.)

ABI IN-DEPTH

WEBINAR NEXT WEEK WILL EXAMINE SUPREME COURT'S RULING IN THE RADLAX CASE



Having already examined the oral argument in a previous ABI media teleconference, panelists will reconvene for an ABI and West LegalEd Center webinar on June 26 to discuss the Supreme Court's ruling in RadLAX Gateway Hotel LLC v. Amalgamated Bank. CLE credit will be available for the webinar, which will be held from 2:00-3:30 p.m. ET.

Experts on the program include:

Adam A. Lewis of Morrison Foerster, lead counsel for Amalgamated Bank before the Court.

David Neff of Perkins Coie LLP (Chicago), the counsel of record for petitioner RadLAX Gateway Hotel LLC and participant in the argument.

Jason S. Brookner of Andrews Kurth LLP (New York), whose article was cited in the brief for the respondent.

• Prof. Charles Tabb, the Alice Curtis Campbell Professor of Law at the University of Illinois College of Law, who recently published a paper titled "Credit Bidding, Security, and the Obsolescence of Chapter 11."

ABI Resident Scholar David Epstein will be the moderator for the webinar.

The webinar costs $115 and purchase provides online access for 180 days. If you are purchasing a live webcast, you will receive complimentary access to the on-demand version for 180 days once it becomes available. Click here for more information.

LATEST CASE SUMMARY ON VOLO: IN RE MAHARAJ (4TH CIR.)



Summarized by Dennis O'Dea of SFS Law Group

The Fourth Circuit affirmed the bankruptcy court's denial of confirmation of an individual chapter 11 plan accepted by two classes of creditors, but rejected by a class of unsecured creditors. The court held, in a case of first impression in the circuit courts of appeal, that the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) did not abrogate the absolute priority rule as it applies to individual chapter 11 debtors and that the plan could not be confirmed over the dissenting vote of a class of unsecured creditors if the debtors retained any nonexempt property under a plan in which general creditors were not paid in full.

More than 500 appellate opinions are summarized on Volo typically 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: IS THE "PONZI SCHEME PRESUMPTION" EXPANDING INTO NEW TERRITORY?



The Bankruptcy Blog Exchange is a free ABI service that tracks 35 bankruptcy-related blogs. A recent post examines the expansion of the "Ponzi scheme presumption" by courts, as well as the case of Stoebner v. Ritchie Capital Management, LLC (In re Polaroid Corp.), 2012 Bankr. LEXIS 1926 (Bankr. D. Minn. April 30, 2012), in which a bankruptcy court applied the presumption of intent to defraud a transferor who was not even directly involved in a Ponzi scheme.

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

The full-payment rule in section 1325's "hanging paragraph" for new car PMSIs should be repealed to level the playing field between car lenders and other partially and fully unsecured creditors.

Click here to vote on this week's Quick Poll. Click here to view the results of previous Quick Polls.

IS YOUR ABI MEMBERSHIP PROFILE CURRENT?



Keeping a current profile will allow you to benefit from one of ABI's most important services - networking. When you update your profile, you are putting your most valuable information in the membership directory. Be sure to include your areas of expertise, firm information, education and join any other committees that are of interest. Click here to update your profile.

INSOL INTERNATIONAL



INSOL International is a worldwide federation of national associations for accountants and lawyers who specialize in turnaround and insolvency. There are currently 37 member associations worldwide with more than 9,000 professionals participating as members of INSOL International. As a member association of INSOL, ABI's members receive a discounted subscription rate. See ABI's enrollment page for details.

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NEXT EVENT

 

ABI'S Webinar to Discuss the Supreme Court's Forthcoming Ruling in RadLAX Gateway Hotel LLC v. Amalgamated Bank

June 26, 2012

Register Today!



COMING UP

 

NE 2012

July 12-15, 2012

Register Today

 

 

SE 2012

July 25-28, 2012

Register Today!

 

 

MA 2012

August 2-4, 2012

Register Today!

 

 

SW 2012

Sept. 13-15, 2012

Register Today!

 

 

SE 2012

Sept. 13-14, 2012

Register Today!

 

 

SE 2012

Oct. 5, 2012

Register Today!

 

 

SE 2012

Oct. 5, 2012

Register Today!

 

 

SE 2012

Oct. 8, 2012

Register Today!

 

 

SE 2012

Oct. 18, 2012

Register Today!

 

   
  CALENDAR OF EVENTS

June

- ABI Webinar Examining the Supreme Court's Ruling in the RadLAX Case

     June 26, 2012

July

- Northeast Bankruptcy Conference and Northeast Consumer Forum

     July 12-15, 2012 | Bretton Woods, N.H.

- Southeast Bankruptcy Workshop

     July 25-28, 2012 | Amelia Island, Fla.

August

- Mid-Atlantic Bankruptcy Workshop

     August 2-4, 2012 | Cambridge, Md.


  

September

- Southwest Bankruptcy Conference

     September 13-15, 2012 | Las Vegas, Nev.

- Complex Financial Restructuring Program

     September 13-14, 2012 | Las Vegas, Nev.

October

- Midwestern Bankruptcy Institute Program, Midwestern Consumer Forum

     October 5, 2012 | Kansas City, Mo.

- Bankruptcy 2012: Views from the Bench

     October 5, 2012 | Washington, D.C.

- Chicago Consumer Bankruptcy Conference

     October 8, 2012 | Chicago, Ill.

- International Insolvency and Restructuring Symposium

     October 18, 2012 | Rome, Italy

 
 

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Analysis Homeowner Aid Boosts Big Banks

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A government program that helps struggling homeowners take advantage of low interest rates to cut monthly mortgage payments is providing an unexpected revenue boost to large banks such as Wells Fargo & Co. and JPMorgan Chase & Co., the Wall Street Journal reported today. Banks that collect those payments could get as much as $12 billion in revenue this year refinancing mortgages under the federal Home Affordable Refinance Program (HARP), according to data compiled by Nomura Holdings Inc. Borrowers who refinance mortgages through HARP, on the other hand, stand to save between $2.5 billion and $5 billion this year, according to an analysis by the Wall Street Journal of Nomura's figures. Federal officials last year revised the HARP program in a bid to encourage banks to refinance borrowers who were underwater on their mortgage. The revisions have driven a sharp increase in refinancings, following years in which the program fell short of government projections. But some critics, including members of the Obama administration, say that the changes risk making HARP a giveaway to big banks.

ABI Tags

Private Equity Has Difficult Time Finding Bulk Sales of Low-Cost Homes

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The number of low-cost foreclosed homes coming to market has dropped, bulk sales have been slow to materialize and prices are recovering, making it hard for private-equity firms, hedge funds and pension systems to buy as many homes as they need, Bloomberg News reported today. "The folks that raised capital are worried about under-accumulating properties and how to get capital out in an efficient way," said Richard Ford, a managing director in the real estate investment banking group at Jefferies Group Inc. "A lot's being raised. Less than $2 billion of institutional capital has been spent." Investors are trying to spend at least $6.4 billion on single-family rentals, including from funds such as Colony Capital LLC, GTIS Partners, KKR & Co., Oaktree Capital Group LLC, Och-Ziff Capital Management Group LLC and the Alaska Permanent Fund Corp. They want to take advantage of U.S. home prices that are 35 percent below the 2006 peak and growing demand for rentals as the homeownership rate sits at the lowest level since 1997.

ABI Tags

Former Loan Officer Claims Wells Fargo Targeted Black Communities for Shoddy Loans

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Former Wells Fargo loan officer Beth Jacobson in sworn testimony has described watching loan officers comb through heavily African American areas such as Baltimore and Prince George's County, Md., forging relationships with churches and community groups to sell their members shoddy mortgages, the Washington Post reported today. She says that she processed loans for homeowners with sterling credit ratings with higher interest rates than they needed to pay. And she says she pumped out millions of dollars in mortgages to people with no paperwork and low incomes, becoming Wells Fargo’s top-producing loan officer. Now, Jacobson has recast herself as a crusader for consumers in a battle that has pitted her against the system she once pushed.

Berkshire Sells Some ResCap Debt As it Seeks Probe

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Warren Buffett's Berkshire Hathaway Inc. sold more than a third of its Residential Capital LLC bond holdings this week, shortly after calling for a probe into the mortgage lender's pre-bankruptcy transactions, Reuters reported on Friday. Ted Weschler, a Berkshire investment manager, said his company sold its holdings of more than $500 million of unsecured ResCap bonds on June 5 and 6, according to court papers filed on Thursday. Weschler did not disclose sale prices. Berkshire had held the bonds for several years.

Housing Agency to Sell More Troubled Loans

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The Federal Housing Administration, struggling to manage a growing glut of delinquent home mortgages, plans to ramp up sales of the loans to investors, a move that could stave off foreclosure for thousands of homeowners, the Wall Street Journal reported today. The government agency, which is expected to announce the bulk sale program today, has more than 700,000 loans in default, amounting to more than 9 percent of the $1 trillion in loans it insures. Mortgage-finance giants Fannie Mae and Freddie Mac as well as banks have shied away from bulk mortgage sales despite heavy interest from investors because they would have to sell the loans at such deep discounts. For now, the FHA says that it plans to sell up to 5,000 defaulted mortgages every quarter. In a small pilot sale in April, the agency sold 279 loans to buyers that paid around $19 million, representing around a third of the outstanding loan balances. It sold about 2,200 loans last year through the program.

ABI Tags

Foreclosure Settlement with Banks Filed in Federal Court

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ABI Bankruptcy Brief | June 7, 2012


 


  

June 7, 2012

 

home  |  chart of the day  |  blogs  |  bankruptcy code and rules  |  statistics  |  legislative news  |  volo
  NEWS AND ANALYSIS   

FORECLOSURE SETTLEMENT WITH BANKS FILED IN FEDERAL COURT



The court-appointed monitor of a $25 billion U.S. settlement with five banks over abusive foreclosure practices said that he is hoping consumer advocates will let him know if banks are not complying, Bloomberg News reported yesterday. Joseph A. Smith Jr., who left his position as North Carolina's banking commissioner to take the monitoring job, said that he has set up a website where housing counselors, bankruptcy lawyers and other advocates can report problems. "I am hopeful that we will get additional input in terms of our review of the banks' work from out in the field," Smith said. He added that he is working on setting up uniform standards for monitoring compliance at each bank and has hired BDO Consulting to help. The settlement agreement, filed in federal court in February, was reached after attorneys general from all 50 states announced a probe into foreclosure practices following disclosures that banks were using faulty documents to seize homes. The nation's five largest mortgage servicers – Bank of America Corp., JPMorgan Chase & Co., Wells Fargo & Co., Citigroup Inc. and Ally Financial Inc. – negotiated the agreement with federal agencies, including the Justice Department, and 49 states. Read more.

ANALYSIS: MORTGAGE-MODIFICATION PROGRAM MANAGES TO BEAT CRITIC'S FORECAST



While government's efforts to stem the housing crisis have fallen short of the sweeping plan outlined shortly after President Barack Obama took office, the Home Affordable Modification Program (HAMP) has now eclipsed a prediction made by one of the program’s critics, the Wall Street Journal reported today. In December 2010, the Congressional Oversight Panel, which oversaw the 2008 financial rescue, predicted that the HAMP program would only prevent 700,000 to 800,000 foreclosures. The report added that the program’s prospects "are unlikely to improve substantially in the future." But as of April, the three-year-old HAMP program has actually eclipsed that forecast, having helped nearly 802,000 U.S. homeowners avoid losing their homes through permanent loan modifications, up about from around 795,000 in March, according to Treasury Department statistics released yesterday. Under the HAMP program, the government pays lenders incentives to help borrowers avoid foreclosure by reducing their mortgage payments. Due to low enrollment, only about $3.23 billion has been spent on the effort out of a possible $30 billion from the 2008 financial industry rescue, according to Treasury statistics. Read more. (Subscription required.)

MORTGAGE RATES IN U.S. FALL TO RECORD LOWS WITH 30-YEAR LOANS AT 3.67 PERCENT



Mortgage rates in the U.S. dropped to record lows for a sixth straight week as concerns over slowing job growth pushed investors into the safety of government bonds that guide interest costs, Bloomberg News reported today. The average rate for a 30-year mortgage dropped to 3.67 percent in the week ended today from 3.75 percent, Freddie Mac said. It was the lowest in the McLean, Va.-based mortgage-finance company's records dating to 1971. The average 15-year rate declined to 2.94 percent, also a record, from 2.97 percent. The 10-year Treasury yield, a benchmark for mortgages, slipped to less than 1.5 percent for the first time on June 1 after a Labor Department report showed that U.S. payrolls climbed by 69,000 last month, the fewest in a year. Read more.

WHITE HOUSE SKEPTICAL OF GOP STUDENT LOAN PROPOSALS



The Obama administration on Tuesday brushed off Republican proposals to pay for the $6 billion extension of the reduced-rate student-loan program, which expires July 1, the Washington Post reported yesterday. GOP House leaders last week sent the president a set of proposals to cover the cost of the extension that included increasing the amount paid by federal employees for their retirement and limiting the ability of states to recoup Medicaid costs through taxes on providers. "We're not going to trade off student loans for other vital, vital programs," Vice President Joe Biden said after meeting with 10 college presidents to discuss an administration effort to increase transparency in the information students receive on loan packages. The looming deadline presents a tricky proposition for Obama, who has called the student-loan issue critically important for the 7.4 million people who have the subsidized Stafford loans. Both the administration and GOP leaders want to freeze the interest rate at the current 3.4 percent and avoid an average fee hike of $1,000 per student when the rate doubles to 6.8 percent. But the two sides remain deadlocked over how to pay for the plan. Read more.

Make sure to listen to ABI's latest podcast featuring scholars debating current issues of student debt and bankruptcy.

FORMER BEAR STEARNS EXECUTIVES AGREE TO SETTLE SHAREHOLDER SUIT FOR $275 MILLION



Former senior executives of Bear Stearns Cos., including former chief executives James E. Cayne and Alan D. Schwartz, have agreed to settle a shareholder suit for $275 million, the Wall Street Journal reported today. The 2008 lawsuit, led by the State of Michigan Retirement Systems, had accused the executives of misleading investors about the firm's business and financial well-being in the run-up to the financial crisis. The proposed cash settlement was disclosed in papers filed in a federal court yesterday. Bear Stearns was acquired in a last-minute rescue by JPMorgan Chase & Co. in March 2008, with assistance from the Federal Reserve, after nearly collapsing during the subprime-mortgage meltdown. Read more. (Subscription required.)

ABI IN-DEPTH

WEBINAR ON JUNE 26 TO EXAMINE SUPREME COURT'S RULING IN RADLAX CASE



Having already examined the oral argument in a previous ABI media teleconference, panelists will reconvene for an ABI and West LegalEd Center webinar on June 26 to discuss last week's Supreme Court ruling in RadLAX Gateway Hotel LLC v. Amalgamated Bank. CLE credit will be available for the webinar, which will be held from 2:00-3:30 p.m. ET.

Experts on the program include:

David Neff of Perkins Coie LLP (Chicago), the counsel of record for petitioner RadLAX Gateway Hotel LLC and participant in the argument.

Jason S. Brookner of Andrews Kurth LLP (New York), whose article was cited in the brief for the respondent.

• Prof. Charles Tabb, the Alice Curtis Campbell Professor of Law at the University of Illinois College of Law, who recently published a paper titled "Credit Bidding, Security, and the Obsolescence of Chapter 11."

ABI Resident Scholar David Epstein will be the moderator for the webinar.

The webinar costs $115 and purchase provides online access for 180 days. If you are purchasing a live webcast, you will receive complimentary access to the on-demand version for 180 days once it becomes available. Click here for more information.

LATEST CASE SUMMARY ON VOLO: KLINE V. DEUTSCHE BANK NATIONAL TRUST CO. (IN RE KLINE; 10TH CIR.)



Summarized by David Little of Onsager, Staelin & Guyerson, LLC

Affirming the bankruptcy court, a three judge panel of the Tenth Circuit BAP held that (1) a foreclosing creditor did not willfully violate the automatic stay by serving an amended foreclosure complaint after a debtor filed a chapter 13 petition, but without notice of the bankruptcy and ceasing all actions against the debtor upon learning of the bankruptcy; and (2) following the Rooker-Feldman doctrine, the bankruptcy court could not consider whether foreclosure after lifting the stay was proper based on service of the amended foreclosure complaint being void. The panel ruled that the creditor's actions of continuing the foreclosure action and not re-serving the amended complaint occurred after the automatic stay was lifted and thus by definition could not be violations. The panel further ruled that success on the debtor’s claim that the creditor willfully violated the automatic stay necessarily required review of a state court’s foreclosure judgment and thus barred the bankruptcy court from considering the effect of the void service of the amended foreclosure complaint.

More than 500 appellate opinions are summarized on Volo typically 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: SIGTARP SCRUTINY GOES BEYOND TARP MATTERS



The Bankruptcy Blog Exchange is a free ABI service that tracks 35 bankruptcy-related blogs. A recent post finds that, contrary to popular belief, the Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) is not confined to scrutinizing those crimes that relate directly to the request for or use of TARP funds, and the office appears poised to increase the scope of its activity.

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

First-day orders authorizing full and immediate payment of the claims of ‘critical vendors’ should be prohibited; all pre-petition unsecured creditors should be subjected to the same rules. Click here to vote on this week's Quick Poll. Click here to view the results of previous Quick Polls.

INSOL INTERNATIONAL



INSOL International is a worldwide federation of national associations for accountants and lawyers who specialize in turnaround and insolvency. There are currently 37 member associations worldwide with more than 9,000 professionals participating as members of INSOL International. As a member association of INSOL, ABI's members receive a discounted subscription rate. See ABI's enrollment page for details.

Have a Twitter, Facebook or LinkedIn Account?

Join our networks to expand yours.

  

 

NEXT EVENT

 

ABI'S Webinar to Discuss the Supreme Court's Forthcoming Ruling in RadLAX Gateway Hotel LLC v. Amalgamated Bank

June 26, 2012

Register Today!



COMING UP

 

NE 2012

July 12-15, 2012

Register Today

 

 

SE 2012

July 25-28, 2012

Register Today!

 

 

MA 2012

August 2-4, 2012

Register Today!

 

 

SW 2012

Sept. 13-15, 2012

Register Today!

 

 

SE 2012

Sept. 13-14, 2012

Register Today!

 

 

SE 2012

Oct. 5, 2012

Register Today!

 

 

SE 2012

Oct. 5, 2012

Register Today!

 

 

SE 2012

Oct. 8, 2012

Register Today!

 

   
  CALENDAR OF EVENTS

June

- ABI Webinar Examining the Supreme Court's Ruling in the RadLAX Case

     June 26, 2012

July

- Northeast Bankruptcy Conference and Northeast Consumer Forum

     July 12-15, 2012 | Bretton Woods, N.H.

- Southeast Bankruptcy Workshop

     July 25-28, 2012 | Amelia Island, Fla.

August

- Mid-Atlantic Bankruptcy Workshop

     August 2-4, 2012 | Cambridge, Md.


  

September

- Southwest Bankruptcy Conference

     September 13-15, 2012 | Las Vegas, Nev.

- Complex Financial Restructuring Program

     September 13-14, 2012 | Las Vegas, Nev.

October

- Midwestern Bankruptcy Institute Program, Midwestern Consumer Forum

     October 5, 2012 | Kansas City, Mo.

- Bankruptcy 2012: Views from the Bench

     October 5, 2012 | Washington, D.C.

- Chicago Consumer Bankruptcy Conference

     October 8, 2012 | Chicago, Ill.

 
 

ABI BookstoreABI Endowment Fund ABI Endowment Fund
 


ABI Tags

New York Delaware Can Intervene in Bank of America Deal

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New York and Delaware won their bids to intervene in litigation over Bank of America Corp.'s proposed $8.5 billion settlement with mortgage-bond investors, Bloomberg News reported yesterday. New York State Supreme Court Justice Barbara Kapnick yesterday granted motions by the attorneys general of the states to intervene in the case over the objections of an investor group. New York Attorney General Eric Schneiderman and Delaware Attorney General Beau Biden "have identified legitimate quasi-sovereign interests at play" in the case, Kapnick wrote. The judge also said that she is not persuaded by arguments that the intervention would delay or burden the proceeding. The settlement would resolve claims from investors in Countrywide Financial Corp. mortgage bonds. Bank of America acquired the mortgage lender in 2008. Bank of New York Mellon Corp., as trustee for investors, is seeking approval of the deal in state court.

Abacus Bank Charged with Mortgage Fraud

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Abacus Federal Savings Bank, a small bank with a major presence in New York City's Chinese community, and 19 of its former employees have been charged with inflating the qualifications of mortgage applicants to meet federal loan standards, a scheme that prosecutors say brought the bank tens of millions of dollars in ill-gotten fees and sent hundreds of millions of dollars in risky mortgages to the investment market, the New York Times reported on Friday. From May 2005 through February 2010, hundreds of millions of dollars’ worth of Abacus mortgages were guaranteed by Fannie Mae based upon false information, the indictment says. In announcing the indictment on Thursday, Manhattan district attorney Cyrus R. Vance Jr. said that nearly all of the Abacus loans were still performing, meaning the borrowers were still making payments on the mortgages they received. However, Vance said that the 2008 financial crisis showed the danger of waiting for illegitimate mortgages to go bad.

ResCap Unsecured Creditors May Fight Quick Sale Lawyer Says

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Residential Capital LLC's unsecured creditors may oppose plans by the bankrupt mortgage company to quickly sell most of its assets to Fortress Investment Group LLC (FIG), a lawyer for the creditors said in court, Bloomberg News reported yesterday. The company's unsecured creditors' committee will decide in the coming weeks whether it will oppose ResCap's request for a fast sale of $4 billion of assets, attorney Kenneth H. Eckstein said in court yesterday. The company is pushing to sell assets to Fortress and ResCap's parent, Ally Financial Inc., within 90 days, Eckstein said. ResCap is scheduled to seek approval of those sales from Bankruptcy Judge Martin Glenn next month.