The economic turmoil that affected the global economy and markets beginning in late 2007 is well documented. This report does not seek to restate those events or evaluate the potential causes of the resulting recession. Rather, this report is forward-looking and considers the existing statutory schemes for resolving any future distress at bank holding companies and nonbank financial institutions. Specifically, it analyzes Title 11 of the United States Code (the “Bankruptcy Code”; a list of capitalized defined terms used herein is set forth at Appendix A) and Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the “Act”). The Administrative Office of the United States Courts (“AOUSC”) submits this report pursuant to section 202(e) of the Act. This report to Congress was prepared with the assistance of the Federal Judicial Center.
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Report Pursuant to Section 202(e) of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010
July 21, 2011