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- And Economic Stability Act; Detroit; Puerto Rico; Municipal Bankruptcy; Federalism; (1)
- Bankruptcy Law; Bankruptcy Code; Chapter 11; Chapter 7; Chapter 9; Public Law; Judge; Judging; Structural Reform; Constitution; Constitutional Law; Private Law; Debtor; Creditor; PROMESA; Puerto Rico Oversight (1)
- Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank); Financial Stability Oversight Council (FSOC); Systemically Important; Non-Bank Companies; General Electric (GE); MetLife (1)
- Inc. (MetLife; Systemically Important Financial institutions (SIFI); Enhanced Regulation; U.S. Treasury Department; Fair Hearings; Evidentiary Hearing Procedures; Administrative Procedure Act; MetLife (1)
- Inc. v. Financial Stability Oversight Council; Designation Process and Challenges; Insurance Companies; Stress Tests; Judicial Review; Financial Distress; Inconsistent with FSOC Guidance; Right to Discovery; Administrative Procedure Act (APA); Formal Adjudications; Interval Hearing System; "Trial by Surprise"; Right to Appeals; Impartial Panel; Exchaustion; Legislative Reform (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Towards A Jurisprudence Of Public Law Bankruptcy Judging, Edward J. Janger
Towards A Jurisprudence Of Public Law Bankruptcy Judging, Edward J. Janger
Brooklyn Journal of Corporate, Financial & Commercial Law
In this essay Professor Janger considers the role of bankruptcy judges in Chapter 9 cases in light of the scholarly literature on public law judging. He explores the extent to which bankruptcy judges engaged in the fiscal restructuring of a municipality use tools, and face constraints, similar to those utilized by federal district court judges in structural reform cases, where constitutional norms are at issue.
Challenging Nonbank Sifi Designations: Ge, Metlife, And The Need For Reform, Drita Dokic
Challenging Nonbank Sifi Designations: Ge, Metlife, And The Need For Reform, Drita Dokic
Brooklyn Journal of Corporate, Financial & Commercial Law
The Dodd-Frank Wall Street Reform and Consumer Protection Act created, among other things, the Financial Stability Oversight Council (FSOC), an entity within the U.S. Department of the Treasury tasked with assessing and mitigating financial risk. Financial institutions with over $50 billion in assets are automatically deemed “systemically important.” However, under the Dodd-Frank Act, FSOC has the authority to designate non-bank companies engaged in financial activity as systemically important as well. Once designated as a systemically important financial institution (SIFI), these companies are subject to enhanced regulation and supervision by the Federal Reserve. Because the costs associated with such enhanced regulation …