Law Commons^™

Bank Resolution And Creditor Distribution: The Tension Shaping Global Banking – Part I: “External And Intra-Group Funding” And “Ex Ante Planning V. Ex Post Execution” Dimensions*, David Ramos, Javier Solana

University of Miami Business Law Review

Banking has drastically changed since the 2007-2009 financial crisis and its aftermath. Of all the reforms that impinge upon the ability of global banks to run their business, none is more consequential than the new frameworks on bank resolution, which try to end “too-big-to-fail.” Yet bank resolution’s “macro” goals, such as systemic stability, limitation of contagion, and avoidance of moral hazard, run in the face of insolvency law and the more “micro” principles underpinning it. Among the latter, none is more pervasive than the need for fairness between creditors, and between (and within) creditor classes, enshrined in the ranking and …