Investment Banking

Don’t bank on court-led bankruptcies of banks

Republicans have approved a measure that would have courts, rather than regulators, oversee mega-bank bankruptcies — it's a mistake of potentially crisis-size proportions

Don’t bank on court-led bankruptcies of banks
Photo: Getty Images

In the next month, the US Treasury Department is expected to decide whether to seek to replace the 2010 Dodd-Frank Act’s regulator-led process for resolving failed mega-banks with a solely court-based mechanism. Such a change would be a mistake of potentially crisis-size proportions.

Yes, creating a more streamlined bankruptcy process can reduce the decibel level of a bank’s failure, and bankruptcy judges are experts at important restructuring tasks. But there are critical factors that cannot be ignored. Restructuring a mega-bank requires pre-planning, familiarity with the bank’s strengths and weaknesses, knowledge of how to time the bankruptcy properly in a volatile economy, and the capacity to coordinate with foreign regulators.

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