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Banking and Finance Law

Brooklyn Journal of Corporate, Financial & Commercial Law

2018

Trump; Trump Administration; Dodd-Frank; Consumer Protection Act; OLA; Orderly Liquidation Authority; Title II of Dodd-Frank; Bailout; Failing Financial Institution; Financial Institution; Financial CHOICE Act; CHOICE Act; Bankruptcy; Bankruptcy Code; Liquidations; Distressed Debt; Distressed Financial Institutions; Financial Regulation; FDIC; Taxpayer-funder Bailout; Liquidity; Creditors

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Full-Text Articles in Law

Backstop, Not Bailout: The Case For Preserving The Orderly Liquidation Authority Under Dodd-Frank, Mark R. Maciuch Oct 2018

Backstop, Not Bailout: The Case For Preserving The Orderly Liquidation Authority Under Dodd-Frank, Mark R. Maciuch

Brooklyn Journal of Corporate, Financial & Commercial Law

The Trump Administration and Republicans have initiated efforts to repeal certain provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank), one of which is the Orderly Liquidation Authority (OLA) under Title II of Dodd-Frank. Critics of the OLA argue that it enables, rather than prevents, future bailouts funded by taxpayers. These critics are concerned with the Federal Deposit Insurance Corporation’s (FDIC) discretion to decide when and how to resolve distressed financial firms, as well as the FDIC’s access to large amounts of funds from the U.S. Department of the Treasury to carry out these functions. Proponents of …