1. 1.to discover bankruptcy and common bankruptcy applications. 2.to discuss financial laws,...

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Objectives1. To discover bankruptcy and common

bankruptcy applications.

2. To discuss financial laws, policies and regulations in financial law.

3. To understand how company and industry policies affect industry practices.

4. To show major instances of noncompliance with financial laws, policies and regulations.

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Chapters

Bankruptcy

Financial Law

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Bankruptcy

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Bankruptcy• Is when a company or

individual declares their inability to pay debt, also known as debtors

• Allows individuals to seek protection from creditors

• Is thought of as “starting anew” financially

Debt – money owed

Creditors – people who try to collect unclaimed money from companies or individuals

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Creditors vs. Debtors

Debtors Creditors

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Steps in the Bankruptcy Process

• Starts with the debtor having financial trouble

• Includes the debtor deciding to file for bankruptcy

• May involve selling assets due to debt

Debtor – person who owes money

Asset - anything owned by

the company, such as

buildings, real estate

and products

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Steps in the Bankruptcy Process

• Is a continuous event, so a bankrupt company may still be able to conduct business

• Ends with the debtor having reduced debt

• Results in a company or individual having a history of bankruptcy that may follow them for up to twenty years

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Bankruptcy Process

financial trouble

bankruptcy filing

selling of assets /

splitting up debt among

creditors

reduced debt

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History of Bankruptcy

• The Supreme Court made this point about the purpose of the bankruptcy law in a 1934 decision:– [I]t gives to the honest but unfortunate

debtor…a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt.o Local Loan Co. v. Hunt, 292 U.S. 234, 244 (1934).

Directly quoted from: http://www.uscourts.gov/bankruptcycourts/bankruptcybasics/process.html

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History of Bankruptcy

• Began in Italy where businessmen traded on benches– when a businessman could not pay his

debts, he broke his trading bench• The word bankruptcy comes from the

Italian phrase “banca rotta”, meaning broken bench

• First bankruptcy law in the U.S. became official in 1800

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Frequent Causes of Individual Bankruptcy

• Poor money management such as lavish spending

• Uncontrollable circumstances such as medical bills or injuries

• Failed small or one person businesses

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Frequent Causes of Corporate Bankruptcy

• Poor money management and financial planning• Unforeseen circumstances such as an increase

in prices• Weak sales performance • Poor execution of business strategy

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Bankruptcy Proceedings

• Are governed by federal law• Are supervised by the United States

Bankruptcy Courts• Usually require the expertise of a

lawyer• Are divided into two common types:

– liquidation– rehabilitation

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Bankruptcy through Liquidation

• Is usually filed under Chapter 7 of bankruptcy law

• Involves a trustee selling some of the bankrupt party’s assets for cash and then distributing the money earned to creditors

• Allows the debtor to be immediately freed of debts

• Is used most often for personal cases

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Bankruptcy through Rehabilitation

• Allows debtors to keep ownership of their assets, but must pay off creditors periodically

• Is usually filed by individuals under what is known as chapter 13

• Is used by businesses under chapter 11• Does not immediately free debtor of debts

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Chapter 11 Bankruptcy

• Is the most well known type of bankruptcy for a business

• Allows the business to continue operating

• Involves the business consolidating debt • Results in the business having a more

manageable size of debt• Is often referred to as “business

reorganization”

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Liquidation vs. Rehabilitation

Bankruptcy through Liquidation• Include

s chapter 7

• Debtor immediately freed of debt

• Most common for personal debt

Bankruptcy through Rehabilitation• Include

s chapters 11 and 13

• Debtor may not be freed of debt in a short span of time

• Most common for business debt

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Bankruptcy in Business

• Is fairly common• Includes familiar businesses that have filed for

Chapter 11 such as the following:– Continental Airlines– Texaco– Macy’s– Zenith Electronics– Fruit of the Loom– Enron – Polaroid Corporation– Kmart Corporation

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Bankruptcy in Business

• Allows many of these companies to reduce debt and survive

• Helped many companies to be successful due to bankruptcy law

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Alternatives to Bankruptcy

• Are sometimes better than actually filing for bankruptcy

• Include the following options:– securing loans to pay off debt– more careful spending – seeking help from a debt counselor or

non-profit credit agency• Keep an individual’s credit rating high and

financial record clean

Credit rating – rating assigned to individuals based on their ability to repay obligations

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Downsides to Bankruptcy

• Must consult a lawyer to handle legal matters

• Lower credit rating for debtor• Bankruptcies remain on credit reports for

10 years• May not eliminate all debt (for example if

filing under chapter 13)• Debt may include high interest rates• Results in a lengthy and intense process

Interest rate – percentage rate that is charged for an individual to borrow money

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Future of Bankruptcy

• Is shaped by slight changes always occurring in the law

• May be formed by the newly signed Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCA) – will make it more difficult for a

person or estate to file for Chapter 7 bankruptcy

– may affect filing for bankruptcy in small businesses

• Is uncertain due to changes in laws

Chapters

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Financial Law

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Financial law• Is defined as law dealing with savings

and investment channels such as the following:– banks– commodities– consumer lenders– insurance – mortgages– stocks and bonds

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Reasons Why Financial Law is Important

• To regulate and safeguard the economy – includes regulating interest rates

and overseeing government responses to financial issues

• To provide safe and efficient markets for investors and banks– keeping investor confidence high is

a high priority

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Reasons Why Financial Law is Important

• To make financial services available and accessible to consumers

• To assure that businesses and consumers can pay debts

• To ensure creditors can regain what they are owed

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Financial Organizations

• Are entities, such as:–Commodity Futures Trading

Commission–Securities and Exchange

Commission–Federal Trade Commission

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Financial Organizations• Are numerous because each has a

specific purpose• Are powerful over a small area of financial

law – allows each organization to have limited

power• Much like a system of checks and

balances, this insures the integrity of the financial world

Much of financial law was written to deal with the aftermath of the Great Depression and the stock market crash of 1929

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The National Bank Act

• Created in 1863 • Developed a national currency• Created the Office of the

Comptroller of the Currency (OCC) which regulates all banks

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Federal Reserve Act of 1913

• Created the Federal Reserve System– regulates money supply and interest

rates• Supervises banks• Develops and administers credit laws

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The Federal Deposit Insurance Corporation (FDIC)

• Formed in response to bank failures, Great Depression and stock market crash of 1929

• Insures bank money up to $100,000 per account for each bank

• Supervises about 5,250 banks in the United States

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Commodities• Are defined as raw inputs used to produce

goods, such as:– wheat, cotton, rice, grain, wool, peanuts,

livestock orange juice• Are sold on exchanges, similar to the Stock

Market, such as the Chicago Mercantile Exchange

• Are regulated within financial law by the 1936 Commodity Exchange Act– created the Commodity Futures Trading

Commission, which regulates commodities

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Consumer Lending Laws

• Refer loans made to consumers– this includes cars, home improvement

loans and student loans• Protect consumers from creditors• Deal with hot topic issues such as home

lending and credit cards

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Consumer Lending – Subprime Loans

• Loans given to high risk customers• Companies and consumers are in turmoil after

many companies offered subprime loans to consumers. The subprime loans were given most often to people of low-income households. Many of these individuals could not repay their loans. The consumer lending laws governing these loans will continue to be news in the future.

High risk- customers who have a poor credit history; are more likely to not be prompt in paying off their loans.

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Federal Trade Commission

• Is a governmental organization responsible for the protection of consumers

• Includes oversight of consumer lending and subprime loans

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Mergers and Acquisitions

• Are increasingly more important in the business world

• Can be worth billions of dollars– America Online and Time

Warner merged to be worth an estimated $350 billion

Merger – when one company combines with another and the two operate as equals Acquisition – when one company buys

another and integrates the company into their business

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Stocks and Bonds Law

• Includes the Securities Act of 1933 – assures investment information is

subject to specific guidelines • Prevents fraud in securities such as

stocks and bonds• Is regulated by the Securities and

Exchange Commission (SEC)

Securities – investment vehicles such as stocks and bonds

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Securities and Exchange Commission

• Regulates the content of financial statements and the financial markets

• Serves to protect investors • Was created in 1934 by the Securities and

Exchange Act– provides better information and regulation– part of government’s response to the

Great Depression• Headquartered in Washington, DC• www.sec.gov

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SEC Regulation

Example:• Michael Smirlock was sent to prison

for 37 months for fraud after he hid $12 million in losses from his business, Long-Term Capital Management. The Securities and Exchange Commission caught and prosecuted him.

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SEC Regulation

Example:• Another businessman, Mark Yagalla,

stole more than $30 million from Ashbury Capital Partners to buy helicopters and second homes. He was also caught by the Securities and Exchange Commission and charged with securities fraud.

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Financial Law Example - Sarbanes-Oxley

• The Sarbanes-Oxley Act of 2002 created a new set of mandatory rules for all public U.S. businesses to follow. It was written to help correct corporate ethical scandals, such as Enron. It is widely disputed for being very expensive for companies to implement and was controversial as being bad for business. However, it greatly benefited accounting companies because their services were needed more than ever. As you can see, financial law affect business in many ways.

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How Financial Law Affects Business

• Forming and changing financial laws – Sarbanes-Oxley changed financial law by

creating a new set of mandatory rules• Creating industry winners and losers

– Sarbanes-Oxley is generally regarded as helping the accounting industry and financial law firms while hurting entrepreneurs

• Imposing new standards– under Sarbanes-Oxley, companies were

required to follow new standards, including the creation of new regulating boards for every company

Chapters

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Assessment1. Bankruptcy

a. is a legal proceeding in which a company seeks protection from creditors while they try to survive

b. is commonly thought of as starting anew financially

c. applies also to individuals and businesses

d. all of the above

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Assessment2. Chapter 11 Bankruptcy

a. is the most common form of bankruptcy businesses

b. takes 11 months to complete

c. is most common for personal cases

d. all of the above

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Assessment3. Mergers and acquisitions are

regulated by the Federal Trade Commissions _______________.

a. Bureau of Competition

b. Bureau of Investigation

c. Bureau of M&A

d. Board of Trustees

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Assessment4. The Sarbanes-Oxley Act of 2002

a. is very controversial

b. was written to help correct corporate scandals

c. has benefited accounting companies

d. all of the above 

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Assessment5. ________ is a big downside to

bankruptcy

a. must consult a lawyer to handle the legal expertise

b. debtor may end up with much higher credit rating

c. may not clear all debt

d. a and c

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Assessment6. Which of the following companies

emerged successfully from bankruptcy?

a. Fruit of the Loom

b. Macy’s

c. Polaroid Corporation

d. Kmart Corporation

e. all of the above

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Assessment7. Which of the following are

commodities?

a. wheat

b. orange juice

c. water

d. a and b

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Assessment8. Bankruptcy is divided into two

common types: liquidation and rehabilitation.

a. true

b. false

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Assessment9. Much of financial law was written

to deal with the Stock Market Crash of 1987.

a. true

b. false

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Assessment10. The Federal Deposit Insurance

Corporation

a. insures bank money

b. protects consumers from fraud

c. regulates the sale of commodities

d. controls the law of car insurance

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References• (1999 - 2007 ). Retrieved September 30, 2008, from

Stock Market Glossary: http://www.vss2000.com/glossary/a.asp

• Financial Law - General Financial Law Questions. (1995-2008). Retrieved September 30, 2008, from FreeAdvice: http://law.freeadvice.com/financial_law/financial_law/financial_law1.htm

• Financial Law - General Financial Law Questions. (1995-2008). Retrieved September 30, 2008, from FreeAdvice: http://law.freeadvice.com/financial_law/financial_law/financial_law_purpose.htm

• www.HomeTravelAgency.com. (n.d.). Define Bankruptcy. Retrieved September 30, 2008, from The Travel Industry Dictionary: http://www.hometravelagency.com/dictionary/bankruptcy.html

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References• Bankruptcy. (n.d.). Retrieved September 30, 2008, from

Cornell University Law School: http://www.law.cornell.edu/wex/index.php/Bankruptcy

• Bankruptcy Basics- The Process. (n.d.). Retrieved September 30, 2008, from U.S. Courts: http://www.uscourts.gov/bankruptcycourts/bankruptcybasics/process.html

• Creditor. (n.d.). Retrieved September 30, 2008, from WordNet Search - 3.0: http://wordnet.princeton.edu/perl/webwn?s=creditor

• New Generation Research, Inc. (2000 - 2010). A Brief History of Bankruptcy . Retrieved September 30, 2008, from BanlruptcyData.Com: http://www.bankruptcydata.com/Ch11History.htm

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References• Alternatives to Bankruptcy. (2008). Retrieved September 30,

2008, from Nolo: http://www.nolo.com/article.cfm/objectId/A6684FCD-2184-4B52-92FD427529009982/213/161/176/ART/

• Elliott, S. (1992, January 28). THE MACY'S BANKRUPTCY; Future Ads Expected to Project 'Business as Usual' Image . The New York Times .

• Texas Bankruptcy Lawyers. (2004 - 2008). Chapter 11 Frequently Asked Questions. Retrieved September 30, 2008, from The Law Offices of RJ Atkinson LLC: http://rjabankruptcy.com/articles/chapter11faq.html#1

• Texas Bankruptcy Lawyers. (2004 - 2008). Famous Corporations That Have Filed For Bankruptcy. Retrieved September 30, 2008, from The Law Offices of RK Atkinson LLC: http://rjabankruptcy.com/articles/famouscorporations.html

• ZENITH FILES FOR CHAPTER 11. (Business) Seattle Post-Intelligencer (Seattle,WA) August 24,1999

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References• Common Bankruptcy Questions. (2008).

Retrieved September 30, 2008, from SuperPages.Com: http://www.superpages.com/supertips/common-bankruptcy-questions.html

• Jargon. (2002-2004). Retrieved September 30, 2008, from LoanJargon.Com: http://www.loanjargon.com/jargon.htm

• The Discharge in Bankruptcy . (n.d.). Retrieved September 30, 2008, from U.S. Courts: http://www.uscourts.gov/bankruptcycourts/bankruptcybasics/discharge.html

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References• Bankruptcy. (n.d.). Retrieved September 30, 2008, from

Cornell University Law School: http://www.law.cornell.edu/wex/index.php/Bankruptcy

• Chapter 13. (n.d.). Retrieved September 30, 2008, from U.S. Courts: http://www.uscourts.gov/bankruptcycourts/bankruptcybasics/chapter13.html

• Chapter 7. (n.d.). Retrieved September 30, 2008, from U.S. Courts: http://www.uscourts.gov/bankruptcycourts/bankruptcybasics/chapter7.html

• Financial Law - Banking Law - General Banking Law Questions. (1995-2008). Retrieved September 30, 2008, from FreeAdvice: http://law.freeadvice.com/financial_law/banking_law/regulate_bank.htm

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References• Commodity Exchange Act - CEA. (2008).

Retrieved September 30, 2008, from Investopedia: http://www.investopedia.com/terms/c/cea.asp

• U.S. Code collection. (n.d.). Retrieved September 30, 2008, from Cornell University Law School: http://www4.law.cornell.edu/uscode/html/uscode07/usc_sec_07_00000001---a000-.html

• What's New at the CFTC . (n.d.). Retrieved September 30, 2008, from U.S. Commodity Futures Trading Commission: http://www.cftc.gov/

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References• FDIC Mission, Vision, and Values. (2007, April 19).

Retrieved September 30, 2008, from Federal Deposit Insurance Corporation: http://www.fdic.gov/about/mission/index.html

• Guttentag, J. M. (2007, February 26). What Is a Sub-Prime Mortgage Lender? Retrieved September 30, 2008, from Mortgage Advice and Counsel: http://www.mtgprofessor.com/A%20-%20Type%20of%20Loan%20Provider/what_is_a_sub-prime_lender.htm

• Mergers and Acquisitions: Definition. (2008). Retrieved September 30, 2008, from Investopedia: http://www.investopedia.com/university/mergers/mergers1.asp

• Wales, D. (2008). About the Bureau of Competition. Retrieved September 30, 2008, from Federal Trade Commission: http://www.ftc.gov/bc/about.shtm

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References• CEI Staff. (2007, July 25). Sarbanes-Oxley Fifth

Anniversary Marked by Problems. Retrieved September 30, 2008, from Competitive Enterprise Institute: http://www.cei.org/gencon/003,06066.cfm

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• Morrissey, J. (2007, November 2). Life After Securities Fraud. The New York Times .

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Acknowledgements

Project Coordinator:Maggie Bigham

Production Manager:Dusty Moore

Executive Producers:Gordon Davis, Ph.D.,

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