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Class 22 Bankruptcy, Spring, 2009 Consumer Mortgages Randal C. Picker Leffmann Professor of Commercial Law The Law School The University of Chicago

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Presentation on theme: "Class 22 Bankruptcy, Spring, 2009 Consumer Mortgages Randal C. Picker Leffmann Professor of Commercial Law The Law School The University of Chicago"— Presentation transcript:

1 Class 22 Bankruptcy, Spring, 2009 Consumer Mortgages Randal C. Picker Leffmann Professor of Commercial Law The Law School The University of Chicago 773.702.0864/r-picker@uchicago.edu Copyright © 2005-09 Randal C. Picker. All Rights Reserved.

2 October 27, 2015Copyright © 2005-09 Randal C. Picker2 1322(b)(2) n (b) Subject to subsections (a) and (c) of this section, the plan may— u … (2) modify the rights of holders of secured claims, other than a claim secured only by a security interest in real property that is the debtor’s principal residence, or of holders of unsecured claims, or leave unaffected the rights of holders of any class of claims …

3 October 27, 2015Copyright © 2009 Randal C. Picker3 A Glimpse into the 1930s

4 October 27, 2015Copyright © 2009 Randal C. Picker4

5 October 27, 2015Copyright © 2009 Randal C. Picker5

6 October 27, 2015Copyright © 2009 Randal C. Picker6

7 October 27, 2015Copyright © 2009 Randal C. Picker7

8 October 27, 2015Copyright © 2009 Randal C. Picker8

9 October 27, 2015Copyright © 2009 Randal C. Picker9

10 October 27, 2015Copyright © 2009 Randal C. Picker10

11 October 27, 2015Copyright © 2009 Randal C. Picker11 Screen Capture Slide

12 October 27, 2015Copyright © 2009 Randal C. Picker12 Screen Capture Slide

13 October 27, 2015Copyright © 2009 Randal C. Picker13 Screen Capture Slide

14 October 27, 2015Copyright © 2009 Randal C. Picker14 Screen Capture Slide

15 October 27, 2015Copyright © 2009 Randal C. Picker15 Screen Capture Slide

16 October 27, 2015Copyright © 2009 Randal C. Picker16 Screen Capture Slide

17 October 27, 2015Copyright © 2009 Randal C. Picker17 Screen Capture Slide

18 October 27, 2015Copyright © 2009 Randal C. Picker18 Screen Capture Slide

19 October 27, 2015Copyright © 2009 Randal C. Picker19 Screen Capture Slide

20 October 27, 2015Copyright © 2009 Randal C. Picker20 Screen Capture Slide

21 October 27, 2015Copyright © 2009 Randal C. Picker21 Screen Capture Slide

22 October 27, 2015Copyright © 2009 Randal C. Picker22 Reconstruction Finance Corp (47 Stat 5) (22 Jan 1932) Statute

23 October 27, 2015Copyright © 2009 Randal C. Picker23 Emergency Relief Act (47 Stat 709) (21 July 1932) Statute

24 October 27, 2015Copyright © 2009 Randal C. Picker24 Emergency Banking Act (48 Stat 1) (9 Mar 1933) Statute

25 October 27, 2015Copyright © 2009 Randal C. Picker25 Securities Act of 1933 (48 Stat 74) (27 May 1933) Statute

26 October 27, 2015Copyright © 2009 Randal C. Picker26 Gold Clause Resolution (48 Stat 112) (5 June 1933) Statute

27 October 27, 2015Copyright © 2009 Randal C. Picker27 Norman v. Baltimore & O. R. Co., 294 US 240 (1935)

28 October 27, 2015Copyright © 2009 Randal C. Picker28 Home Owners’ Loan Act of 1933 (48 Stat 128) (13 June 1933) Statute

29 October 27, 2015Copyright © 2009 Randal C. Picker29 Banking Act of 1933 (48 Stat 162) (16 June 1933) Statute

30 October 27, 2015Copyright © 2009 Randal C. Picker30 Frazier-Lemke Act (48 Stat 1289) (28 June 1934) Statute

31 October 27, 2015Copyright © 2009 Randal C. Picker31 Louisville Joint Stock Land Bank v. Radford, 295 US 555 (1935)

32 October 27, 2015Copyright © 2009 Randal C. Picker32 Frazier-Lemke Act (49 Stat 942) (28 Aug 1935) Statute

33 October 27, 2015Copyright © 2009 Randal C. Picker33 Wright v. Vinton Branch, 300 US 440 (1937)

34 October 27, 2015Copyright © 2009 Randal C. Picker34 Today

35 October 27, 2015Copyright © 2009 Randal C. Picker35

36 October 27, 2015Copyright © 2009 Randal C. Picker36

37 October 27, 2015Copyright © 2009 Randal C. Picker37

38 October 27, 2015Copyright © 2009 Randal C. Picker38

39 October 27, 2015Copyright © 2009 Randal C. Picker39

40 October 27, 2015Copyright © 2008-09 Randal C. Picker40

41 October 27, 2015Copyright © 2008-09 Randal C. Picker41

42 October 27, 2015Copyright © 2008-09 Randal C. Picker42

43 October 27, 2015Copyright © 2008-09 Randal C. Picker43

44 October 27, 2015Copyright © 2008-09 Randal C. Picker44

45 October 27, 2015Copyright © 2005-09 Randal C. Picker45 1322(b)(2) n (b) Subject to subsections (a) and (c) of this section, the plan may— u … (2) modify the rights of holders of secured claims, other than a claim secured only by a security interest in real property that is the debtor’s principal residence, or of holders of unsecured claims, or leave unaffected the rights of holders of any class of claims …

46 October 27, 2015Copyright © 2005 Randal C. Picker46 Screen Capture Slide

47 October 27, 2015Copyright © 2005 Randal C. Picker47 Key Issues n Retroactivity and Takings n Foreclosure Externalities n Consequences for Lending and the Distribution of the Costs of Borrowing

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