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Banking and Finance Law

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Scholarly Articles

2005

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Full-Text Articles in Law

Bank Insolvency Regimes In The United States And The United Kingdom, Heidi Mandanis Schooner Jan 2005

Bank Insolvency Regimes In The United States And The United Kingdom, Heidi Mandanis Schooner

Scholarly Articles

Bank insolvency regimes vary widely. First, many countries maintain separate bank insolvency rules from those that govern insolvency of other firms or individuals. Other countries have no special regime and rely on their general insolvency law for bank closure. Second, some countries rely on an administrative process for bank closure in which the bank supervisor, bank insurer, or other agency has the power to appoint the conservator or receiver, and, in some instances, may appoint itself to the job. Other countries rely on a judicial process in which the bank supervisor (or bank managers or creditors) must apply to the …


Tila ‘Finance’ And ‘Other’ Charges In Open-End Credit: The Cost-Of Credit Principle Applied To Charges For Optional Products Or Services, Ralph J. Rohner, Thomas Durkin Jan 2005

Tila ‘Finance’ And ‘Other’ Charges In Open-End Credit: The Cost-Of Credit Principle Applied To Charges For Optional Products Or Services, Ralph J. Rohner, Thomas Durkin

Scholarly Articles

The thesis of this article is that a more workable approach to characterizing fees for optional products and services is possible by focusing on charges that represent payment for discrete products or services of value to the consumer, freely chosen by consumers as contract options which do not affect the amount of credit available to the consumer, the consumer's access to it, or the allocation of payment responsibility and credit risk in the transaction or plan. In other words, these fees are for separate-or separable-purchases, analogous to subsequent events in closed-end credit that require no new disclosure or adjustment in …