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201-497 UST Annual Report.Indd
U.S. Department of Justice U.S. Trustee Program United States Trustee Program Annual Report of Significant accomplishments Fiscal Year 2003 United States Trustee Program Annual Report of Significant accomplishments Fiscal Year 2003 i Table of Contents Strategic Objective; Mission Statement . 0v Message from the Attorney General . 0vi Message from the Associate Attorney General . 0vii Message from the Director . 0viii Executive Summary . 0iix Chapter 1. U.S. Trustee Program . 1 Chapter 2. Organization and Administration Organization . 3 Executive Office for U.S. Trustees . 3 Regional and Field Offices . 3 Budget and Appropriations . 4 Chapter 3. National Civil Enforcement Initiative Civil Enforcement Actions . 8 Denial or Revocation of Discharge . 8 Concealment and Failure to Disclose . 8 Credit Card Bust-Outs . 10 Serial Filers . 11 Dismissal for ‘Substantial Abuse’ . 11 Improper Conduct by Attorneys . 13 Violations by Bankruptcy Petition Preparers . 14 Serial Filings and Identity Fraud . 16 Chapter 4. Criminal Enforcement Criminal Enforcement Actions . 21 Concealment of Assets . 21 Crimes by Attorneys and Bankruptcy Petition Preparers . 23 Credit Card ‘Bust-Outs’ and Identity Fraud . 24 Other Crimes . 26 Multi-Agency Working Groups . 27 Chapter 5. Litigation in Chapter 11 Business Reorganizations U.S. Trustee’s Duties in Chapter 11 Cases . 29 Appointment of Trustee or Examiner . 30 Employment and Compensation of Professionals . 32 Preventing Delay and Preserving Assets . 34 ii Chapter 6. Trustee Oversight Chapter 7 Trustees . 37 Appointment . 37 Oversight Duties . 37 Chapter 12 and Chapter 13 Trustees . 38 Appointment . 38 Oversight Duties . 38 Computer Security . 39 Trustee Training . 39 Chapter 7. Training and Outreach National Bankruptcy Training Institute . 43 Public Outreach . -
Personal Bankruptcy and Credit Market Competition
Federal Reserve Bank of New York Staff Reports Personal Bankruptcy and Credit Market Competition Astrid Dick Andreas Lehnert Staff Report no. 272 January 2007 This paper presents preliminary findings and is being distributed to economists and other interested readers solely to stimulate discussion and elicit comments. The views expressed in the paper are those of the authors and are not necessarily reflective of views at the Federal Reserve Bank of New York or the Federal Reserve System. Any errors or omissions are the responsibility of the authors. Personal Bankruptcy and Credit Market Competition Astrid Dick and Andreas Lehnert Federal Reserve Bank of New York Staff Reports, no. 272 January 2007 JEL classification: K3, G2, L1 Abstract The effect of credit market competition on borrower default is theoretically ambiguous, because the quantity of credit supplied may rise or fall following an increase in competition. We investigate empirically the relationship between credit market competition, lending to households, and personal bankruptcy rates in the United States. We exploit the exogenous variation in market contestability brought on by banking deregulation at the state level: after deregulation, banks faced the threat of entry into their state markets. We find that deregulation increased competition for borrowers, prompting banks to adopt more sophisticated credit rating technology. In turn, these developments led previously excluded households to enter the credit market. We document that, following deregulation, (1) overall lending increased, (2) loss rates on loans decreased, and (3) bankruptcy rates rose. Further, we find that lending and bankruptcy rates increased more in states with greater actual (rather than potential) entry, and that credit card productivity increased after the removal of entry restrictions. -
Regional Outlook
Regional Outlook FEDERAL DEPOSIT INSURANCE CORPORATION THIRD QUARTER 1998 In Focus This Quarter FDIC ◆ The Asian Economic Crisis: Implications for the U.S. Economy—The Memphis economic crisis in Asia is now more than one year old, yet its consequences are still Region reverberating throughout the global economy. There are growing indications that some sectors of the U.S. economy are beginning to experience slower growth direct ly attributable to problems in Asia. Consequently, lenders should be cognizant of their customers’ exposure to global markets. Lending and strategic decisions pred icated on an assumption of continued robust economic growth should be carefully scrutinized. See page 3. By Paul C. Bishop ◆ CLOs Lure Another Major Bank Asset off the Balance Sheet— Securitization of corporate loans and bonds is in full swing, with 1997 issuance exceeding that of securities backed by credit card loans. Collateralized loan obliga tions (CLOs) and collateralized bond obligations, securities with deal- and issuer- specific risks, are potential bank investments that may grow in popularity if a current proposal to lower the risk weights for AAA-rated securities is enacted. Banks with an ample supply of low-margin commercial loans are expected to issue more CLOs to an increasingly demanding secondary commercial loan market. An institution’s CLO strategy may have implications that should be considered when evaluating its capital adequacy trends. See page 8. By Kathy Kalser and Allen Puwalski ◆ The Payment System: Emerging Issues—The payment system is the Division of heart of the U.S. economic infrastructure, moving value at the rate of 90 times the Insurance U.S. -
Download Ordinance
MCO -09 - 2010 AN ORDINANCE AMENDING CHAPTER 31 ENTITLED, “BUSINESS LICENSING, REGULATION AND REGISTRATION” OF THE MUNICIPAL CODE OF THE CITY OF ELMHURST BY ADDING ARTICLE XVII ENTITLED “PAWNSHOPS AND PAWNBROKERS” WHEREAS, the City of Elmhurst is a home rule unit of government, pursuant to Article VII, Section 6 of the Illinois Constitution of 1970; and WHEREAS, as a home rule unit of government, the City is expressly authorized to exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; and WHEREAS, the corporate authority of the City of Elmhurst has determined that it is proper, necessary and in the best interest of the City of Elmhurst to adopt this legislation regulating and licensing the business of Pawnshops and Pawnbrokers; and WHEREAS, this legislation is the act of the corporate authority of the City of Elmhurst, pursuant to his home rule powers as granted by Article VII, Section 6 of the Illinois Constitution of 1970. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Elmhurst, DuPage and Cook Counties, Illinois, as follows: Section 1. That the foregoing recitals are adopted as the findings of the corporate authority of the Village as if fully recited herein. Section 2. That Chapter 31, entitled “Business Licensing, Regulation and Registration” as amended, is further amended by adding thereto Article XVII, entitled, “Pawnshops and Pawnbrokers”, to read as follows: -
Pawnbroking and the Survival Strategies of the Urban Poor in 1770S York Alannah Tomkins
6 Pawnbroking and the survival strategies of the urban poor in 1770s York Alannah Tomkins The poor in England Pawnbroking and the urban poor Introduction On 9 June 1778 a woman called Ann Moyser visited George Fettes’s pawnbroker’s shop in York to pledge a checked apron, for which she received a shilling.1 On 14 October in the same year, the pawnbroker received a business call from the overseers of St Mary Castlegate parish in York. They claimed that the apron did not belong to Ann but to a parishioner of theirs called Sarah Wood. It is not clear whether the overseers considered the item to have been stolen, lent or pawned by Ann on Sarah’s behalf, but they redeemed the apron for Sarah’s use without producing the duplicate or ticket which had been issued to Ann in June. Despite this evidence and the sporadic entries in overseers’ ac- counts about pledges redeemed with parish money, pawning by paupers was the exception rather than the rule; the pawnshop was the resort of a large number of people in York, predominantly the labouring poor in times of difficulty, but was rarely used by paupers. Nevertheless a close examination of the pawning practices of customers in general, and a comparison of customer names with the identities of city paupers, illuminates the range of ways pawning was employed and the interplay between pawnshop credit and parish relief in poor household economies. The aims of the chapter are ambitious, particularly given the difficulty of defining or characterising ‘paupers’. The poor law might intervene at different points in the experience of households according to local custom, the economic conditions prevailing at different times, and 166 Alannah Tomkins - 9781526137869 Downloaded from manchesterhive.com at 10/03/2021 03:23:53AM via free access Pawnbroking and the urban poor 167 the persuasive powers of individuals seeking relief. -
Personal Bankruptcy and the Accumulation of Shadow Debt∗
Personal Bankruptcy and the Accumulation of Shadow Debt∗ Bronson Argyle† Benjamin Iverson‡ Taylor Nadauld§ Christopher Palmer¶ May 2021 Abstract Compiling new liability-level data from the balance sheets of personal bankruptcy fil- ers, we document that a sizable share of reported liabilities are “shadow debt,” debt not reported to credit bureaus that often arises from the non-payment of goods and services. We use this new data to evaluate how debtor cash flows affect when consumers file for bankruptcy and how much debt they have at bankruptcy. We find that filers respond to a quasi-exogenous $100 increase in monthly cash flows by delaying filing by an average of one month and by increasing unsecured indebtedness by $4,000 in the months preceding filing. A large share of the additional debt incurred by delaying filers is shadow debt, and our effects are concentrated among filers without employment, health, or marriage shocks. Keywords: personal bankruptcy, unsecured debt, shadow debt ∗We thank conference and seminar participants at the AEA, AFA, Boston Federal Reserve, BYU, CFPB, Dart- mouth, the FDIC Consumer Symposium, MIT, Michigan State University, PUC Chile, the University of Rochester, and WEAI; our discussants Pat Akey, Arpit Gupta, Ryan Lewis, Feng Liu, Neale Mahoney, and Michelle White; and Carter Davis, Anthony DeFusco, Paul Goldsmith-Pinkham, Kyle Herkenhoff, Sasha Indarte, Ben Keys, Raymond Kluender, Sam Kruger, Brigitte Madrian, Gregor Matvos, Carlos Parra, Antoinette Schoar, Amit Seru, Felipe Sev- erino, Adrien Verdelhan, and Jialan Wang for helpful comments. We appreciate the research assistance of Tammy Lee, Joseph Leung, and Richard Maxwell. We benefited tremendously from helpful conversations with David Sime, Clerk of the Utah Bankruptcy Court, and thank the Utah, Minnesota, Florida North and Florida South Bankruptcy Courts for data access. -
Corporate and Personal Bankruptcy Law
LS07CH08-White ARI 1 October 2011 17:47 Corporate and Personal Bankruptcy Law Michelle J. White1,2 1Department of Economics, University of California, San Diego, La Jolla, California 92093; email: [email protected] 2Cheung Kong Graduate School of Business, and Research Associate, National Bureau of Economic Research, Cambridge, Massachusetts 02138 Annu. Rev. Law Soc. Sci. 2011. 7:139–64 Keywords The Annual Review of Law and Social Science is reorganization, liquidation, priority, absolute priority rule, default, online at lawsocsci.annualreviews.org exemptions, filtering failure, workouts, fresh start, foreclosure This article’s doi: 10.1146/annurev-lawsocsci-102510-105401 Abstract Copyright c 2011 by Annual Reviews. Bankruptcy is the legal process by which the debts of firms, individ- All rights reserved uals, and occasionally governments in financial distress are resolved. 1550-3585/11/1201-0139$20.00 by University of California - San Diego on 09/05/12. For personal use only. Bankruptcy law always includes three components. First, it provides a collective framework for simultaneously resolving all debts of the Annu. Rev. Law. Soc. Sci. 2011.7:139-164. Downloaded from www.annualreviews.org bankrupt entity, regardless of when they are due. Second, it provides rules for determining how the assets and earnings used to repay are divided among creditors. Third, bankruptcy law specifies punishments intended to discourage debtors from defaulting on their debts and fil- ing for bankruptcy. This review discusses and evaluates bankruptcy law by examining whether and when the law encourages debtors and cred- itors to behave in economically efficient ways. It also considers how bankruptcy law might be changed to improve economic efficiency. -
University Microfilms International 300 North Zeeb Road Ann Arbor, Michigan 48106 USA St
INFORMATION TO USERS This material was produced from a microfilm copy of the original document. While the most advanced technological means to photograph and reproduce this document have been used, the quality is heavily dependent upon the quality of the original submitted. The following explanation of techniques is provided to help you understand markings or patterns which may appear on this reproduction. 1. The sign or "target" for pages apparently lacking from the document photographed is "Missing Page(s)". If it was possible to obtain the missing page(s) or section, they are spliced into the film along with adjacent pages. This may have necessitated cutting thru an image and duplicating adjacent pages to insure you complete continuity. 2. When an image on the film is obliterated with a large round black mark, it is an indication that the photographer suspected that the copy may have moved during exposure and thus cause a blurred image. You will find a good image of the page in the adjacent frame. 3. When a map, drawing or chart, etc., was part of the material being photographed the photographer followed a definite method in "sectioning" the material. It is customary to begin photoing at the upper left hand corner of a large sheet and to continue photoing from left to right in equal sections with a small overlap. If necessary, sectioning is continued again — beginning below the first row and continuing on until complete. 4. The majority of users indicate that the textual content is of greatest value, however, a somewhat higher quality reproduction could be made from "photographs" if essential to the understanding of the dissertation. -
Consumer Bankruptcy and Financial Health∗
Consumer Bankruptcy and Financial Health∗ Will Dobbie Paul Goldsmith-Pinkham Princeton University and NBER Harvard University Crystal Yang Harvard Law School January 2015 Abstract This paper estimates the effect of Chapter 13 bankruptcy protection on post-filing financial outcomes using a new dataset linking bankruptcy filings to credit bureau records. Our empirical strategy uses the leniency of randomly-assigned judges as an instrument for Chapter 13 protec- tion. Over the first five post-filing years, we find that Chapter 13 protection decreases an index measuring adverse financial events such as civil judgments and repossessions by 0.316 standard deviations, increases the probability of being a homeowner by 13.2 percentage points, and in- creases credit scores by 14.9 points. Chapter 13 protection has little impact on open unsecured debt, but decreases the amount of debt in collections by $1,315. We find evidence that both debt forgiveness and protection from debt collectors are important drivers of our results. ∗We thank Tal Gross, Matthew Notowidigdo, and Jialan Wang for providing the bankruptcy data used in this analysis. We also thank Lanier Benkard, Raj Chetty, Roland Fryer, Edward Glaeser, Guido Imbens, Lawrence Katz, and numerous seminar participants for helpful comments and suggestions. Jessica Wagner provided outstanding research assistance. Correspondence can be addressed to the authors by e-mail: [email protected] [Dobbie], [email protected] [Goldsmith-Pinkham], or [email protected] [Yang]. All remaining errors are our own. America is a nation of debtors. The amount of debt held by the average American consumer increased from $31,840 to $45,500 between 2003 and 2013, with more than 14 percent of consumers having at least one debt in collections by 2013 (Federal Reserve Bank of New York 2014). -
Bankruptcy and Credit Card Debt: Is There a Causal Relationship?
98-277 E CRS Report for Congress Received through the CRS Web Bankruptcy and Credit Card Debt: Is There A Causal Relationship? March 19, 1998 (name redacted) Economic Analyst Economics Division Congressional Research Service ˜ The Library of Congress Abstract This report explores the relationship between credit card debt and the fast- growing rate of personal bankruptcy. Is the bankruptcy code so biased towards debtors that it encourages irresponsible and/or fraudulent credit card borrowing, or have lenders themselves been reckless in issuing credit cards to households with limited financial resources and sophistication? Legislation before the Congress (H.R. 2500, H.R. 2650, and S. 1301) proposes reforms in bankruptcy law that would benefit credit card lenders by requiring certain debtors to repay their debts out of future income. (For an analysis of these proposals, see CRS Report 98-69A.) This report, which will be updated only if significant new research is published or if new data become available, consists primarily of economic analysis and does not presuppose an extensive knowledge of bankruptcy law. Bankruptcy and Credit Card Debt: Is There A Causal Relationship? Summary Personal bankruptcy filings now exceed one million per year. Why should bankruptcies have risen to record levels during a period when the economy has enjoyed two of the longest peacetime expansions in history, with unemployment, inflation, and interest rates all falling? Something must have changed in household finance; credit cards are among the “usual suspects.” Credit cards figure prominently in the debate over bankruptcy reform. Credit card lenders argue that bankruptcy makes it is too easy for debtors to avoid paying their debts, creating an incentive for reckless or fraudulent borrowing and exacerbating recent losses to credit card loan portfolios. -
MS Pawnbroker License New Application Checklist (Company)
MS Pawnbroker License New Application Checklist (Company) CHECKLIST SECTIONS General Information License Fees Requirements Completed in NMLS Requirements/Documents Uploaded in NMLS Requirements Submitted Outside of NMLS GENERAL INFORMATION Who Is Required to Have This License? "Pawnbroker" means any person engaged in whole or in part in the business of lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time; provided, however, that the following are exempt from the definition of "pawnbroker" and from the provisions of this act: any bank which is regulated by the State Department of Banking and Consumer Finance, the Comptroller of the Currency of the United States, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System or any other federal or state authority and all affiliates of such bank, and additionally any bank or savings and loan association whose deposits or accounts are eligible for insurance by the Bank Insurance Fund or the Savings Association Insurance Fund or other fund administered by Federal Deposit Insurance Corporation or any successor thereto, and all affiliates of such banks and savings and loan associations, any state or federally chartered credit union and any finance company subject to licensing and regulation by the State Department of Banking and Consumer Finance. 75-67-321 authorizes the Department to license and regulate this activity. Activities Authorized Under This License This license authorizes the following activities… o Pawn Brokering Pre-Requisites for License Applications None The Mississippi Department of Banking and Consumer Finance does not issue paper licenses for this license type. -
Personal Bankruptcy Protection and Household Debt
Personal Bankruptcy Protection and Household Debt Felipe Severino ⇤ Meta Brown Dartmouth College FRB of New York October 2016 Abstract Personal bankruptcy laws provide defaulters with partial protection of assets from unsecured creditors. Increasing bankruptcy protection can increase credit demand through improved risk sharing, especially from risk averse borrowers, while diminishing the collateral value of assets and reducing borrowers’ access to credit. Using changes in bankruptcy protection across US states over time, we show that these laws increase borrowers’ holdings of unsecured credit, but not secured debt (mortgage and auto loans). We also find an increased interest rate for unsecured credit only. These e↵ects are predominantly driven by lower-income higher home ownership areas (where increased bankruptcy protection explains 10% to 30% of unsecured debt growth). Using individual data, we find on average no measurable increase in delinquency rates of households in the subsequent three years, an e↵ect mainly explained by homeowners’ increasing debt without defaulting. These results suggest that increased bankruptcy protections did not reduce the aggregate level of household debt, but a↵ected the composition of borrowing. ⇤Corresponding author: [email protected]. We thank Manuel Adelino, Adrien Auclert, Jean- Noel Barrot, Asaf Bernstein, Laurent Calvet, Ing-Haw Chen, Hui Chen, David Colino, Marco Di Maggio, Sebastian Di Tella, Xavier Giroud, Raj Iyer, Benjamin Keys, Henry Korytkowski, Erik Loualiche, Deborah Lucas,