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Articles 1 - 8 of 8
Full-Text Articles in Law
Sublicensing From A Distressed Company: Are You Placing Your Future In The Debtor's Hands?, Michelle M. Harner, David A. Beck
Sublicensing From A Distressed Company: Are You Placing Your Future In The Debtor's Hands?, Michelle M. Harner, David A. Beck
Faculty Scholarship
No abstract provided.
The Myth Of The Rational Borrower: Behaviorism, Rationality And The Misguided Reform Of Bankruptcy Law, Edward J. Janger, Susan Block-Lieb
The Myth Of The Rational Borrower: Behaviorism, Rationality And The Misguided Reform Of Bankruptcy Law, Edward J. Janger, Susan Block-Lieb
Faculty Scholarship
No abstract provided.
Hiding In Plain View: A Neglected Supreme Court Decision Resolves The Debate Over Non-Debtor Releases In Chapter 11 Reorganizations, Joshua M. Silverstein
Hiding In Plain View: A Neglected Supreme Court Decision Resolves The Debate Over Non-Debtor Releases In Chapter 11 Reorganizations, Joshua M. Silverstein
Faculty Scholarship
This article presents a novel resolution of a long-standing circuit split on an issue of critical significance to bankruptcy and tort law: whether bankruptcy courts may extinguish liabilities of parties that have not filed for bankruptcy. Such "non-debtor releases" are similar in effect to a bankruptcy discharge and have become particularly common in both mass tort disputes and general insolvencies adjudicated through the bankruptcy process. In this article, I illustrate how an overlooked Supreme Court decision—United States v. Energy Resources, 495 U.S. 545 (1990)—offers crucial support for the pro-release position. Energy Resources demonstrates that the bankruptcy courts’ "general equitable power" …
How The Old World Encountered The New One: Regulatory Competition And Cooperation In European Corporate And Bankruptcy Law , Luca Enriques, Martin Gelter
How The Old World Encountered The New One: Regulatory Competition And Cooperation In European Corporate And Bankruptcy Law , Luca Enriques, Martin Gelter
Faculty Scholarship
The European framework for creditor protection has undergone a remarkable tansfomation in recent years. While the European Court of Justices Centros case and its progeny have given European Union businesses choice with respect to the state of incorporation, and hence to the substantive corporate law regime, the European Insolvency Regulation has introduced uniform conflict-of-law rules for insolvencies. However, this regime has opened up some forum shopping opportunities for corporate debtors. Both regulatory competition in corporate law and forum shopping in bankruptcy law have been discussed in the United States for years, while they are relativey new territory in the European …
Optimizing Consumer Credit Markets And Bankruptcy Policy, Ronald J. Mann
Optimizing Consumer Credit Markets And Bankruptcy Policy, Ronald J. Mann
Faculty Scholarship
This Article explores the relationship between consumer credit markets and bankruptcy policy. In general, I argue that the causative relationships running between borrowing and bankruptcy compel a new strategy for policing the conduct of lenders and borrowers in modern consumer credit markets. The strategy must be sensitive to the role of the credit card in lending markets and must recognize that both issuers and cardholders are well placed to respond to the increased levels of spending and indebtedness. In the latter parts of the Article, I recommend mandatory minimum payment requirements, a tax on distressed credit card debt, and the …
Credit Cards, Consumer Credit, And Bankruptcy, Ronald J. Mann
Credit Cards, Consumer Credit, And Bankruptcy, Ronald J. Mann
Faculty Scholarship
This paper analyzes the effects of credit card use on broader economic indicators, specifically consumer credit, and consumer bankruptcy filings. Using aggregate nation-level data from Australia, Canada, Japan, the United Kingdom, and the United States, I find that credit card spending, lagged by 1-2 years, has a strong positive effect on consumer credit. Finally, I find a strong relation between credit card debt, lagged by 1-2 years, and bankruptcy, and a weaker relation between consumer credit, lagged by 1-2 years, and bankruptcy. The relations are robust across a variety of different lags and models that account for problems of multicollinearity …
The Supreme Court, The Solicitor General, And Bankruptcy: Bfp V. Resolution Trust Corporation, Ronald J. Mann
The Supreme Court, The Solicitor General, And Bankruptcy: Bfp V. Resolution Trust Corporation, Ronald J. Mann
Faculty Scholarship
This chapter tells the story behind BFP v. Resolution Trust Corporation. I see BFP as a case that pitted relatively plain statutory language supporting the debtor-in-possession against policy interests supporting a secured creditor. I argue that an important explanation for the Supreme Court's decision to favor policy over the language of the statute was its perception of a need to protect the availability of non-bankruptcy remedies for secured creditors. Accordingly, I situate my discussion of BFP in the context of the role that the federal government has played in the Supreme Court's cases interpreting the Bankruptcy Code. In general, I …
"Contracting" For Credit, Ronald J. Mann
"Contracting" For Credit, Ronald J. Mann
Faculty Scholarship
On a recent day, I used my credit cards in connection with a number of minor transactions. I made eight purchases, and I paid two credit card bills. I also discarded (without opening) three solicitations for new cards, balance transfer programs, or other similar offers to extend credit via a credit card. Statistics suggest that I am not atypical. U.S. consumers last year used credit cards in about 100 purchasing transactions per capita, with an average value of about $70. At the end of the year, Americans owed nearly $500 billion dollars, in the range of $1,800 for every man, …