The Debt Resistors' Operations Manual Join the Resistance!
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Perelman, M. (2007). Some Economics of Class. in M. Yates (Ed.), More
Perelman, M. (2007). Some economics of class. In M. Yates (ed.), More unequal: Aspects of class in the United States. New York: Monthly Review Press. How much more will be required before the U.S. public awakes from its political slumber? Tepid action in the workplace, the voting booth, and the streets have allowed the right wing to steamroll revolutionary changes that have remade the entire sociopolitical structure of the United States. Since the election of Franklin Roosevelt in 1932, every Democratic administration with the exception of Lyndon Johnson's has been more conservative—often far more conservative—than the previous Democratic administration. Similarly, every elected Republican administration, with the single exception of George Herbert Walker Bush's, has been more conservative than the previous Republican administration. The deterioration in the distribution of income is a symptom of a far larger problem. Perhaps formulating the situation in the United States might help people understand their class interests as well as reveal who has benefited from the right-wing revolution. Critics of Marx have long taken pleasure in claiming that the rise of the middle class in the United States and other advanced capitalist economies disproves Marx's "predictions" of the course of capitalism. In recent decades, however, the distribution of income in the United States is coming to resemble that of many poor Latin American economies, with a shrinking middle class and an obscene share of wealth going to the richest members of society. Although proponents of the U.S. model pretend that recent economic trends represent a success, in truth they are signs of capitalism's failure. -
A Brief History of Occupy Wall Street ROSA LUXEMBURG STIFTUNG NEW YORK OFFICE by Ethan Earle Table of Contents
A Brief History of Occupy Wall Street ROSA LUXEMBURG STIFTUNG NEW YORK OFFICE By Ethan Earle Table of Contents Spontaneity and Organization. By the Editors................................................................................1 A Brief History of Occupy Wall Street....................................................2 By Ethan Earle The Beginnings..............................................................................................................................2 Occupy Wall Street Goes Viral.....................................................................................................4 Inside the Occupation..................................................................................................................7 Police Evictions and a Winter of Discontent..............................................................................9 How to Occupy Without an Occupation...................................................................................10 How and Why It Happened........................................................................................................12 The Impact of Occupy.................................................................................................................15 The Future of OWS.....................................................................................................................16 Published by the Rosa Luxemburg Stiftung, New York Office, November 2012 Editors: Stefanie Ehmsen and Albert Scharenberg Address: 275 Madison Avenue, Suite 2114, -
Value, Caution and Accountability in an Era of Large Banks and Complex Finance*
2011-2012 BETTING BIG 765 BETTING BIG: VALUE, CAUTION AND ACCOUNTABILITY IN AN ERA OF LARGE BANKS AND COMPLEX FINANCE* LAWRENCE G. BAXTER** Abstract Big banks are controversial. Their supporters maintain that they offer products, services and infrastructure that smaller banks simply cannot match and enjoy unprecedented economies of scale and scope. Detractors worry about the risks generated by big banks, their threats to financial stability, and the way they externalize costs of operation to the public. This article explains why there is no conclusive argument one way or the other and why simple measures for restricting the danger of big banks are neither plausible nor effective. The complex ecology of modern finance and the management and regulatory challenges generated by ultra-large banking, however, cast serious doubt on the proposition that the benefits of big banking outweigh its risks. Consequently, two general principles are proposed for further consideration. First, big banks should bear a greater degree of public accountability by reforming certain principles of corporate governance to require greater representation of public interests at the board and executive levels of big banks. Second, given the unproven promises of performance by big banks, their unimpressive actual record of performance, and the many hazards they inevitably generate or encounter, financial regulators should consciously adopt a strict cautionary approach. Under this approach, big banks would bear a very heavy onus to demonstrate in concrete terms that their continued growth – and even the maintenance of their current scale – can be adequately managed and supervised. * © Lawrence G. Baxter. ** Professor of the Practice of Law, Duke Law School. -
The Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act § 1692. Congressional findings and declaration of purpose (a) Abusive practices. There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy. (b) Inadequacy of laws. Existing laws and procedures for redressing these injuries are inadequate to protect consumers. (c) Available non-abusive collection methods. Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts. (d) Interstate commerce. Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce. (e) Purposes. It is the purpose of this title [15 USCS §§ 1692 et seq.] to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses. § 1692a. Definitions As used in this title [15 USCS §§ 1692 et seq.]— (1) The term "Commission" means the Federal Trade Commission. (2) The term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium. (3) The term "consumer" means any natural person obligated or allegedly obligated to pay any debt. (4) The term "creditor" means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. -
We Make Your Voice Heard
SERVICEMEMBER FACT SHEET We make your voice heard Military, are you having an issue with your mortgage, credit card, student loan, or other financial product or service? Submit a complaint to the Consumer Financial Protection Bureau and we’ll work to get you a response. As a federal agency and financial industry regulator, we help make it possible for consumers to raise their voices and be heard by financial companies. In just over three years, the Bureau has handled more than 25,500 complaints from servicemembers, veterans, and their families. We accept complaints about The CFPB helps servicemembers, § Credit cards veterans, and their families § Mortgages § Put a stop to unfair practices § Bank accounts and services § Fix credit reporting issues § Private student loans and consumer loans § Stop harassing calls from debt collectors § Credit reporting § Money transfers § Reverse unfair fees on bank accounts, mortgages, or loans § Debt collection By coming to us, you aren’t just helping yourself; you § Payday loans are also helping other people to avoid similar issues. § Prepaid cards Every complaint we receive provides insights into problems that may be emerging in the marketplace. § Credit repair You can help us to identify and stop problems before § Debt settlement they become major issues for other consumers. § Pawn and title loans The result: better outcomes for people like you, and § Virtual currency a better financial marketplace for everyone. Consumer Financial Learn more at consumerfinance.gov. Protection Bureau 1 of 2 Complaint categories, Debt collection 38% by percent Mortgage 25% Since the CFPB started accepting Credit reporting 9% debt collection complaints Credit card 9% in July 2013, it has been the Bank account or service 9% highest complaint category for servicemembers, veterans and Consumer loan 4% their families. -
Understanding Enron: "It's About Gatekeepers, Stupid"
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2002 Understanding Enron: "It's about Gatekeepers, Stupid" John C. Coffee Jr. Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Banking and Finance Law Commons, Business Organizations Law Commons, and the Law and Economics Commons Recommended Citation John C. Coffee Jr., Understanding Enron: "It's about Gatekeepers, Stupid", 57 BUS. LAW. 1403 (2002). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2117 This Article is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. Understanding Enron: "It's About the Gatekeepers, Stupid" By John C. Coffee, Jr* What do we know after Enron's implosion that we did not know before it? The conventional wisdom is that the Enron debacle reveals basic weaknesses in our contemporary system of corporate governance.' Perhaps, this is so, but where is the weakness located? Under what circumstances will critical systems fail? Major debacles of historical dimensions-and Enron is surely that-tend to produce an excess of explanations. In Enron's case, the firm's strange failure is becoming a virtual Rorschach test in which each commentator can see evidence confirming 2 what he or she already believed. Nonetheless, the problem with viewing Enron as an indication of any systematic governance failure is that its core facts are maddeningly unique. -
Systemic Risk Through Securitization: the Result of Deregulation and Regulatory Failure
Revised Feb. 9, 2009 Systemic Risk Through Securitization: The Result of Deregulation and Regulatory Failure by Patricia A. McCoy, * Andrey D. Pavlov, † and Susan M. Wachter ‡ Abstract This paper argues that private-label securitization without regulation is unsustainable. Without regulation, securitization allowed mortgage industry actors to gain fees and to put off risks. During the housing boom, the ability to pass off risk allowed lenders and securitizers to compete for market share by lowering their lending standards, which activated more borrowing. Lenders who did not join in the easing of lending standards were crowded out of the market. In theory, market controls in the form of risk pricing could have constrained heightened mortgage risk without additional regulation. But in reality, as the mortgages underlying securities became more exposed to growing default risk, investors did not receive higher rates of return. Artificially low risk premia caused the asset price of houses to go up, leading to an asset bubble and creating a breeding ground for market fraud. The consequences of lax lending were covered up and there was no immediate failure to discipline the markets. The market might have corrected this problem if investors had been able to express their negative views by short selling mortgage-backed securities, thereby allowing fundamental market value to be achieved. However, the one instrument that could have been used to short sell mortgage-backed securities – the credit default swap – was also infected with underpricing due to lack of minimum capital requirements and regulation to facilitate transparent pricing. As a result, there was no opportunity for short selling in the private-label securitization market. -
A New Generation of Tax-Time Loans Surges in Popularity,How The
A New Generation of Tax-Time Loans Surges in Popularity FOR IMMEDIATE RELEASE: MARCH 30, 2018 || CONTACTS: Chi Chi Wu (cwu(at)nclc.org) or Jan Kruse (jkruse(at)nclc.org); (617) 542-8010 Consumer Federation of America: Michael Best (mbest(at)consumerfed.org); (202) 939-1009 Download the full report: http://bit.ly/2uAz2Ys A New Generation of Tax-Time Loans Surges in Popularity NCLC and CFA’s Annual Survey of Financial Tax-Time Consumer Products Uncovers Troubling Trends for Consumers Washington, D.C. – As the tax season enters its final push, advocates from the National Consumer Law Center (NCLC) and Consumer Federation of America (CFA) issued their annual report on tax- time consumer issues. Tax-Time Products 2018: A New Generation of Tax-Time Loans Surges in Popularity discusses problems faced by taxpayers. “Tax-time is hard enough for most Americans, but they also face consumer protection challenges,” noted Chi Chi Wu, staff attorney at the National Consumer Law Center. “They need to avoid incompetent and abusive preparers and decide whether to choose financial products of varying costs. The fact that Congress has delayed refunds for some of the neediest taxpayers makes the situation all that much worse.” New generation of Refund Anticipation Loans Grow in Volume There has been a dramatic growth in volume of a new generation of refund anticipation loans (RALs), with 1.7 million of these RALs made in 2017. These RALs are different from the high-cost loans that were driven off the market in the early 2000s, in that they are promoted as advances that do not to charge the taxpayer a fee. -
Update on the New Framework on Corporate Insolvency
Update on the new framework on corporate insolvency A Code for debt settlement and providing a second chance January 2021 M. Psylla – V. Vizas – G. Katrinakis Law Firm Table of content 1. Outline of the new insolvency framework 3 2. Key corporate framework processes 4 3. Analysis of each process 6 3.1 Out of court workout 7 3.2 Rehabilitation procedure 9 3.3 Ordinary bankruptcy process 11 3.3.1 Liquidation of debtor’s business or parts of it as a going concern 13 3.3.2 Piecemeal liquidation 14 4. Tax and procedural incentives 15 5. Key contacts 17 2 PwC Outline of the Code for debt settlement and providing a second chance The new insolvency framework, enacted by Law 4738/2020 (Greek Government Gazette A' 207/27.10.2020) introduces a holistic approach to insolvency legislation in Greece and enables households and businesses to settle their debts, to the State, social insurance funds, banks, Code objective servicers and other private creditors. Outline of the Code and entry into force The new insolvency framework is divided into components which address the following 3 key areas: 1. Preventive (pre-insolvency) restructurings (including a digitalised-automated Out of Court Work Out (OCW) process and a pre-pack business recovery process contingent to court ratification). 2. Bankruptcy proceedings (with distinct processes designed and tailored to address the debtor categories based on the size of the bankruptcy estate, not legal capacity/form). 3. Dedicated provisions for vulnerable individual debtors who may benefit from the social policies framework provided in the frame such as Lease and buy back mechanism and primary residence state subsidy The new insolvency framework provisions were initially envisaged to enter into force on 1/1/2020 but their deferral was voted just before Christmas, following the enactment of Law 4764/2020 (Greek Government Gazette A' 256 23/12/2020). -
Turning a Blind Eye: Why Washington Keeps Giving in to Wall Street
GW Law Faculty Publications & Other Works Faculty Scholarship 2013 Turning a Blind Eye: Why Washington Keeps Giving In to Wall Street Arthur E. Wilmarth Jr. George Washington University Law School, [email protected] Follow this and additional works at: https://scholarship.law.gwu.edu/faculty_publications Part of the Law Commons Recommended Citation Arthur E. Wilmarth, Jr., Turning a Blind Eye: Why Washington Keeps Giving In to Wall Street, 81 University of Cincinnati Law Review 1283-1446 (2013). This Article is brought to you for free and open access by the Faculty Scholarship at Scholarly Commons. It has been accepted for inclusion in GW Law Faculty Publications & Other Works by an authorized administrator of Scholarly Commons. For more information, please contact [email protected]. GW Law School Public Law and Legal Theory Paper No. 2013‐117 GW Legal Studies Research Paper No. 2013‐117 Turning a Blind Eye: Why Washington Keeps Giving In to Wall Street Arthur E. Wilmarth, Jr. 2013 81 U. CIN. L. REV. 1283-1446 This paper can be downloaded free of charge from the Social Science Research Network: http://ssrn.com/abstract=2327872 TURNING A BLIND EYE: WHY WASHINGTON KEEPS GIVING IN TO WALL STREET Arthur E. Wilmarth, Jr.* As the Dodd–Frank Act approaches its third anniversary in mid-2013, federal regulators have missed deadlines for more than 60% of the required implementing rules. The financial industry has undermined Dodd–Frank by lobbying regulators to delay or weaken rules, by suing to overturn completed rules, and by pushing for legislation to freeze agency budgets and repeal Dodd–Frank’s key mandates. -
Dictionary of Insolvency Terms in EU Member States DICTIONARY of INSOLVENCY TERMS in EU MEMBER STATES
Dictionary of Insolvency Terms in EU Member States DICTIONARY OF INSOLVENCY TERMS IN EU MEMBER STATES Contents Introduction......................................................................3 Lithuania.........................................................................97 Austria...............................................................................4 Luxembourg..................................................................104 Belgium..............................................................................9 Malta..............................................................................111 Bulgaria...........................................................................14 Netherlands..................................................................120 Croatia.............................................................................19 Poland............................................................................125 Cyprus..............................................................................26 Portugal.........................................................................135 Czech Republic................................................................33 Romania........................................................................141 Denmark..........................................................................38 Slovakia.........................................................................147 Estonia.............................................................................42 Slovenia.........................................................................152 -
Dalié Jiménez Professor of Law
Dalié Jiménez Professor of Law Written Testimony of Dalié Jiménez Professor of Law University of California, Irvine School of Law Before the: U.S. House of Representatives Committee on Financial Services September 26, 2019 10 a.m. Rayburn House Office Building, Washington, D.C. Witness Background Statement Dalié Jiménez is a Professor of Law at the UC Irvine School of Law where she teaches courses on bankruptcy, consumer financial regulation, and contracts. Professor Jiménez is one of three principal investigators in the Financial Distress Research Project, a large-scale, longitudinal, randomized control trial evaluating the effectiveness of legal and counseling interventions to help individuals in financial distress. The project has received generous financial support from the National Science Foundation, the American Bankruptcy Institute, the National Conference of Bankruptcy Judges, and the Arnold Foundation, among others. Individuals enrolled in the study have all been sued in a debt collection proceeding in Connecticut small claims court. A member of the American Bankruptcy Institute’s Consumer Bankruptcy Commission, Professor Jiménez has published half a dozen articles examining debt collection, bankruptcy, and student loans. Professor Jiménez spent a year as part of the founding staff of the Consumer Financial Protection Bureau working on debt collection, debt relief, credit reporting, and student loan issues. Prior to her academic career, she clerked for the Honorable Juan R. Torruella of the United States Court of Appeals for the First Circuit, was a litigation associate at Ropes & Gray in Boston, and managed consumer protection issues for a Massachusetts state senator. A cum laude graduate of Harvard Law School, Professor Jiménez also holds dual B.S.