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Full-Text Articles in Securities Law

Feeling Insecure—A State View Of Whether Investors In Municipal General Obligation Bonds Have A Mere Promise To Pay Or A Binding Obligation, Randle B. Pollard Jan 2015

Feeling Insecure—A State View Of Whether Investors In Municipal General Obligation Bonds Have A Mere Promise To Pay Or A Binding Obligation, Randle B. Pollard

Scholarly Articles

The City of Detroit's filing for municipal bankruptcy in July, 2013, has added to a continuing controversy of whether general obligation bondholders have a secured lien. The City of Detroit claimed its general obligation bondholders did not have a fully secured lien because the law of the state of Michigan did not create a statutory lien. Without the creation of a lien by state law, during the insolvency or bankruptcy of municipalities, general obligation bondholders will potentially have a mere promise to pay versus a binding obligation to pay, and therefore, will not have a secured lien. Treating otherwise secured …


Regulating Angels, Heidi Mandanis Schooner Jan 2015

Regulating Angels, Heidi Mandanis Schooner

Scholarly Articles

This article examines the current calls for deregulation of community banks and balances those ideas against the long history of community bank regulation, insolvency, and government support. Part II discusses the benefits offered by community banks and the current status of the industry. Part III outlines the justification for community bank regulation and the availability of the government safety net to support these institutions. Part IV addresses the solvency risk of community banks-their rates of failure and the causes of their failure. Part V addresses the reaction by community banks and their supporters to the passage of the Dodd-Frank Wall …