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- Fordham Journal of Corporate & Financial Law (11)
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Articles 1 - 30 of 30
Full-Text Articles in Entire DC Network
Collecting Debts From The Ill And Injured: The Rhetorical Significance, But Practical Irrelevance, Of Culpability And Ability To Pay, Melissa B. Jacoby
Collecting Debts From The Ill And Injured: The Rhetorical Significance, But Practical Irrelevance, Of Culpability And Ability To Pay, Melissa B. Jacoby
American University Law Review
No abstract provided.
Will Big Tobacco Seek Bankruptcy Protection? A $145 Billion Verdict Poses The Question, Mark Gottlieb, Richard A. Daynard
Will Big Tobacco Seek Bankruptcy Protection? A $145 Billion Verdict Poses The Question, Mark Gottlieb, Richard A. Daynard
William & Mary Environmental Law and Policy Review
No abstract provided.
In Re Renshaw: "Extensions Of Credit" By An Educational Institution -- Are They Exempt From Discharge Under Section 523(A)(8) Of The Bankruptcy Code?, F. S. Mcqueen
South Carolina Law Review
No abstract provided.
Stop The Stay: Interrupting Bankruptcy To Conduct Arbitration - Slipped Disc, Inc. V. Cd Warehouse, Inc., Matthew Dameron
Stop The Stay: Interrupting Bankruptcy To Conduct Arbitration - Slipped Disc, Inc. V. Cd Warehouse, Inc., Matthew Dameron
Journal of Dispute Resolution
Since its inception, arbitration has affected other practice areas of the law differently. Some practice areas, such as bankruptcy, have created special exceptions to accommodate the growth of arbitration. Arbitration's effect on the automatic stay in bankruptcy is explored in the following Note.
Bankruptcy, Just For The Rich? An Analysis Of Popular Fee Arrangements For Pre-Petition Legal Fees And A Call To Amend, Kerry H. Ducey
Bankruptcy, Just For The Rich? An Analysis Of Popular Fee Arrangements For Pre-Petition Legal Fees And A Call To Amend, Kerry H. Ducey
Vanderbilt Law Review
The scenario is typical. An individual sits amid a pile of overdue bills. He calculates and recalculates only to verify what he has already suspected-his debt far exceeds his monthly income. Meanwhile, creditors and collection agencies demand payment while threatening repossession and other legal action. With no ready source of additional income, the debtor ultimately decides to file for bankruptcy. He consults an attorney, and the two agree to file a consumer no-asset Chapter 7 bankruptcy petition.' The lawyer then promises to use her best efforts to secure relief for the debtor. All she needs is a retainer. A retainer? …
Crumbs For Oliver Twist: Resolving The Conflict Between Tax And Support Claims In Bankruptcy, Michelle A. Cecil
Crumbs For Oliver Twist: Resolving The Conflict Between Tax And Support Claims In Bankruptcy, Michelle A. Cecil
Faculty Publications
This article is premised on the assumption that the congressional goal of preferring support claims over federal income tax claims is indeed a laudable one, based on three interrelated policy justifications. First, support claimants are unable to spread their risk of loss like the government is able to do by raising tax rates or increasing tax revenue from other sources. As three prominent bankruptcy scholars noted in their recent study of consumer bankruptcy entitled The Fragile Middle Class: Americans in Debt:
The Failure Of Public Company Bankruptcies In Delaware And New York: Empirical Evidence Of A "Race To The Bottom", Lynn M. Lopucki, Sara D. Kalin
The Failure Of Public Company Bankruptcies In Delaware And New York: Empirical Evidence Of A "Race To The Bottom", Lynn M. Lopucki, Sara D. Kalin
Vanderbilt Law Review
Commentators sometimes recognize Delaware's preeminence in corporate law, but they almost invariably treat Delaware's recent popularity as a bankruptcy venue choice as raising entirely different issues. In fact, the two are integrally related. Specifically, just as the efforts of Delaware and other states to attract corporations--a process often referred to as "charter competition'-has induced Delaware to regulate corporate law in a generally efficient manner, the same forces will have a beneficial effect on Delaware's bankruptcy judges
. -Professor David Skeet'
Response: Small Business Reorganization And The Sabre Proposals, Joseph A. Guzinsky
Response: Small Business Reorganization And The Sabre Proposals, Joseph A. Guzinsky
Fordham Journal of Corporate & Financial Law
No abstract provided.
Revised Article 9, The Proposed Bankruptcy Code Amendments And Securitizing Debtors And Their Creditors, Lois R. Lupica
Revised Article 9, The Proposed Bankruptcy Code Amendments And Securitizing Debtors And Their Creditors, Lois R. Lupica
Fordham Journal of Corporate & Financial Law
No abstract provided.
Lesson From The Trenches: Debtor Educator In Theory And Practice, Susan Block-Lieb, Karen Gross, Richard L. White
Lesson From The Trenches: Debtor Educator In Theory And Practice, Susan Block-Lieb, Karen Gross, Richard L. White
Fordham Journal of Corporate & Financial Law
No abstract provided.
Small Business Reorganization And The Sabre Proposals, Karen M. Gebbia-Pinett
Small Business Reorganization And The Sabre Proposals, Karen M. Gebbia-Pinett
Fordham Journal of Corporate & Financial Law
No abstract provided.
Is International Bankruptcy Possible?, Frederick Tung
Is International Bankruptcy Possible?, Frederick Tung
Michigan Journal of International Law
Although international business firms proliferate, there is no international bankruptcy system. Instead, bankruptcy law remains a matter for individual states. The failure of a multinational firm therefore raises difficult questions of conflict and cooperation among national bankruptcy laws. In the discourse over the appropriate design for an international bankruptcy system, universalism has long held sway as the dominant idea, embraced nearly universally by bankruptcy scholars. Universalism offers a simple and elegant blueprint for international bankruptcy. Under universalism, the bankruptcy regime of the debtor firm's home country would govern worldwide, enjoying global reach to treat all of the debtor's assets and …
Escrow Agent’S Duty Of Care To Nonparties: Summit Fin. Holdings V Continental Lawyers Title, (2001), Roger Bernhardt
Escrow Agent’S Duty Of Care To Nonparties: Summit Fin. Holdings V Continental Lawyers Title, (2001), Roger Bernhardt
Publications
This article discusses a California case which held that an escrow holder that who the principals’ escrow instructions owes no duty of care to nonparties to the escrow.
Postponement And Reinstatement Of Trustee Sales: Hicks V E.T. Legg, 2001, Roger Bernhardt
Postponement And Reinstatement Of Trustee Sales: Hicks V E.T. Legg, 2001, Roger Bernhardt
Publications
This article discusses a California case dealing with lender postponement and reinstatement issues prior to a foreclosure sale.
Privatizing Social Security, Jerry W. Markham
Privatizing Social Security, Jerry W. Markham
Faculty Publications
The 2000 presidential election focused attention on an idea that has been surfacing for some time--the privatization of Social Security. Although opposition remains fierce, proposals for privatization have been gradually gaining acceptance as the inadequacy of benefits from the present system become more apparent, and bankruptcy becomes certain in the absence of additional onerous funding. Resistance to privatization largely centers on concerns that existing participants will lose their contributions and that private accounts may result in investment losses, which would leave future pensioners penniless. The disability and survivor benefits of the present Social Security system also raise concerns for the …
The Failure Of Public Company Bankruptcies In Delaware And New York: Empirical Evidence Of A "Race To The Bottom", Lynn M. Lopucki, Sara D. Kalin
The Failure Of Public Company Bankruptcies In Delaware And New York: Empirical Evidence Of A "Race To The Bottom", Lynn M. Lopucki, Sara D. Kalin
UF Law Faculty Publications
In the early 1990s, Delaware replaced New York as the jurisdiction of choice for the bankruptcy reorganization of large, public companies. In an empirical study of 188 companies emerging from bankruptcy reorganization from 1983 through 1996, the authors found that the refiling rates for public companies reorganized in Delaware and New York were about five to seven times the refiling rates for companies reorganized in other courts. Nine of the thirty large, public companies emerging in Delaware from 1991 to 1996 (30%) have already refiled. New York rates were higher during the period of New York's dominance than during the …
Corporate Groups And Crossborder Insolvencies: A Canada- United States Perspective, Jacob Zeigel
Corporate Groups And Crossborder Insolvencies: A Canada- United States Perspective, Jacob Zeigel
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Problem Of Corporate Groups, A Comment On Professor Ziegel, Robert K. Rasmussen
The Problem Of Corporate Groups, A Comment On Professor Ziegel, Robert K. Rasmussen
Fordham Journal of Corporate & Financial Law
No abstract provided.
Comment On Means Testing Consumer Bankruptcy By Jean Braucher, Eric Posner
Comment On Means Testing Consumer Bankruptcy By Jean Braucher, Eric Posner
Fordham Journal of Corporate & Financial Law
No abstract provided.
Response To Eric Posner, Jean Braucher
Response To Eric Posner, Jean Braucher
Fordham Journal of Corporate & Financial Law
No abstract provided.
But Can She Keep The Car? Some Thoughts On Collateral Retention In Consumer Chapter 7 Cases, Marianne B. Culhane, Michaela M. White
But Can She Keep The Car? Some Thoughts On Collateral Retention In Consumer Chapter 7 Cases, Marianne B. Culhane, Michaela M. White
Fordham Journal of Corporate & Financial Law
No abstract provided.
Mandatory Bankruptcy Counseling: The Canadian Experience, Lain Ramsay
Mandatory Bankruptcy Counseling: The Canadian Experience, Lain Ramsay
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Soft-Landing Fallacy And Consumer Debtors, Barry E. Adler
The Soft-Landing Fallacy And Consumer Debtors, Barry E. Adler
Fordham Journal of Corporate & Financial Law
No abstract provided.
2001: A Code Odyssey (New Dawn For The Article 9 Secured Creditor), Michael G. Hillinger
2001: A Code Odyssey (New Dawn For The Article 9 Secured Creditor), Michael G. Hillinger
Faculty Publications
This Article attempts to describe what bankruptcy lawyers and judges most need to know about the Revised Article 9. (Of course, if bankruptcy judges and lawyers need to know it, a fortiori, secured creditors’ attorneys need to know it.)
At the top of the most-need-to-know list are Revised Article 9’s choice-of-law and filing rules. Section 544(a) of the Bankruptcy Code, the “trustee’s strong-arm” clause, permits the trustee (and debtor-in-possession) to avoid unperfected security interests. For many transactions, Revised Article 9’s choice-of-law provisions will change where the creditor must file to perfect its interest. Those who do not know about Revised …
Revised Article 9, Securitization Transactions And The Bankruptcy Dynamic, Lois R. Lupica
Revised Article 9, Securitization Transactions And The Bankruptcy Dynamic, Lois R. Lupica
Faculty Publications
Article 9 of the Uniform Commercial Code ("U.C.C.")1 is the law governing the creation, perfection, and enforcement of security interests in personal property. Originally enacted in 1960,2 Article 9 was substantially revised in 1972 in response to changes in commercial financing markets and practices. Since this last revision, there have been further changes, including technological advances, affecting commercial practice and custom. These changes have led the Permanent Editorial Board for the U.C.C. ("PEB") to recommend to the American Law Institute ("ALI") and the National Conference of Commissioners on Uniform State Laws ("NCCUSL") that Article 9, once again, be significantly revised. …
Whither The Race? A Comment On The Effects Of The Delawarization Of Corporate Reorganizations, Randall Thomas, Robert K. Rasmussen
Whither The Race? A Comment On The Effects Of The Delawarization Of Corporate Reorganizations, Randall Thomas, Robert K. Rasmussen
Vanderbilt Law School Faculty Publications
Recent empirical work has demonstrated that large, publicly held firms tend to file for bankruptcy in Delaware. In our previous work, we have documented this trend, and argued that it may be efficient for prepackaged bankruptcies, while it unclear if it is efficient for traditional Chapter 11 cases. In this piece, we respond to LoPucki and Kalin's assertion that Delaware bankruptcy court performs worse than others. They base this claim on the observation that firms that file for bankruptcy in Delaware are more likely to file for bankruptcy a second time than are firms that file in another jurisdiction. We …
Bankruptcy Court Jurisdiction And Agency Action: Resolving The Nextwave Of Conflict, Rafael I. Pardo
Bankruptcy Court Jurisdiction And Agency Action: Resolving The Nextwave Of Conflict, Rafael I. Pardo
Scholarship@WashULaw
This Comment criticizes a pair of decisions by the United States Court of Appeals for the Second Circuit, FCC v. NextWave Personal Communications, Inc. (In re NextWave Personal Communications, Inc.) and In re FCC, which held that a bankruptcy court lacks jurisdiction to determine whether the Federal Communications Commission is stayed from revoking a debtor's licenses. The Comment argues that the Second Circuit interpreted the bankruptcy court's jurisdiction too narrowly because it failed to distinguish properly between an agency's action as a creditor and as a regulator. It concludes that bankruptcy courts and courts of appeals have concurrent jurisdiction to …
Reorganization Of The Professional Sports Franchise, Ralph C. Anzivino
Reorganization Of The Professional Sports Franchise, Ralph C. Anzivino
Marquette Sports Law Review
No abstract provided.
Avoidance Theory According To Steve Nickles, David G. Carlson
Avoidance Theory According To Steve Nickles, David G. Carlson
Faculty Articles
No abstract provided.
A Tale Of Two Codes: Examining § 522(F) Of The Bankruptcy Code, § 9-103 Of The Uniform Commercial Code And The Proper Role Of State Law In Bankruptcy, Juliet M. Moringiello
A Tale Of Two Codes: Examining § 522(F) Of The Bankruptcy Code, § 9-103 Of The Uniform Commercial Code And The Proper Role Of State Law In Bankruptcy, Juliet M. Moringiello
Juliet M. Moringiello
No abstract provided.