Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Bankruptcy (4)
- Credit (2)
- Critical race theory (2)
- Bankruptcy discharge (1)
- Bankruptcy law (1)
-
- Bankruptcy reorganization (1)
- Civil procedure (1)
- Consumer credit (1)
- Consumer insolvency law (1)
- Corporate bankruptcy (1)
- Corporate law (1)
- Democratization (1)
- Forum shopping (1)
- Fraudulent misrepresentation (1)
- German Law (1)
- Law -- Interpretation & construction (1)
- Legal language (1)
- Novation (1)
- Plain meaning Textualism (1)
- Predatory lending (1)
- Production theory (1)
- Promissory notes (1)
- Public policy (1)
- Restructuring (1)
- Settlements (1)
- Small-loan transactions (1)
- Social safety net (1)
- Sovereign debt (1)
- Textualism (Legal interpretation) (1)
Articles 1 - 18 of 18
Full-Text Articles in Law
The Explosive Global Growth Of Personal Insolvency And The Concomitant Birth Of The Study Of Comparative Consumer Bankruptcy: Consumer Bankruptcy In Global Perspective, By Johanna Niemi-Kiesilainen, Lain Ramsay & William C. Whitford (Eds.); Comparative Consumer Insolvency Regimes: A Canadian Perspective, By Jacob S. Ziegel, Kent Anderson
Osgoode Hall Law Journal
No abstract provided.
Archer V. Warner: Circuit Split Resolution Or Contractual Quagmire?, Jennifer R. Belcher
Archer V. Warner: Circuit Split Resolution Or Contractual Quagmire?, Jennifer R. Belcher
Washington and Lee Law Review
No abstract provided.
Racial Dimensions Of Credit And Bankruptcy, David A. Skeel, Jr.
Racial Dimensions Of Credit And Bankruptcy, David A. Skeel, Jr.
Washington and Lee Law Review
No abstract provided.
Race Matters In Bankruptcy, A. Mechele Dickerson
Race Matters In Bankruptcy, A. Mechele Dickerson
Washington and Lee Law Review
No abstract provided.
Bankruptcy, James D. Walker Jr., Amber Nickell
Bankruptcy, James D. Walker Jr., Amber Nickell
Mercer Law Review
Since last year's article, the courts in the Eleventh Circuit have issued-with a few exceptions-mostly routine bankruptcy opinions. The United States Supreme Court, however, has been very busy, deciding six bankruptcy-related cases. It makes sense to begin with one of the most anticipated of those opinions.
A Normative Theory Of Bankruptcy Law: Bankruptcy As (Is) Civil Procedure, Charles W. Mooney, Jr.
A Normative Theory Of Bankruptcy Law: Bankruptcy As (Is) Civil Procedure, Charles W. Mooney, Jr.
Washington and Lee Law Review
This paper develops a normative theory of bankruptcy law called "procedure theory." The core of procedure theory is that bankruptcy law exists in order to maximize the recoveries for holders of legal entitlements ("rightsholders") in respect of a financially distressed debtor. Bankruptcy law in the United States is a branch of civil procedure and the jurisdiction of federal courts. Procedure theory holds that it generally is wrong in bankruptcy to redistribute a debtor's wealth away from its rightsholders to benefit third-party interests, such as at-will employees and the general community. It also generally is wrong to rearrange priorities in bankruptcy …
A Team Production Theory Of Bankruptcy Reorganization, Lynn M. Lopucki
A Team Production Theory Of Bankruptcy Reorganization, Lynn M. Lopucki
Vanderbilt Law Review
In the year before United Airlines filed for bankruptcy reorganization, the firm lost $3.2 billion. Fierce competition in the airline industry prevents United from stemming its losses solely through increases in revenues. Costs will have to be cut. The necessary expense reductions could come from reductions in employee pay and benefits, reductions in the amounts owing to creditors (which reduce interest expense), or both. Which should it be? United's situation is complicated by the fact that its employees own 55 percent of its stock and that their wage levels are protected by a collective bargaining agreement. But if we assume …
The Power Of The Bankruptcy Court To Enjoin Creditor Claims Against Nondebtor Parties In Light Of 11 U.S.C. § 524( E): In Re Dow Corning Corp., Jason J. Jardine
The Power Of The Bankruptcy Court To Enjoin Creditor Claims Against Nondebtor Parties In Light Of 11 U.S.C. § 524( E): In Re Dow Corning Corp., Jason J. Jardine
BYU Law Review
No abstract provided.
Of Predatory Lending And The Democratization Of Credit: Preserving The Social Safety Net Of Informality In Small-Loan Transactions, Regina Austin
Of Predatory Lending And The Democratization Of Credit: Preserving The Social Safety Net Of Informality In Small-Loan Transactions, Regina Austin
American University Law Review
No abstract provided.
Bankruptcy And Mortgage Lending: The Homeowner Dilemma, 38 J. Marshall L. Rev. 19 (2004), A. Mechele Dickerson
Bankruptcy And Mortgage Lending: The Homeowner Dilemma, 38 J. Marshall L. Rev. 19 (2004), A. Mechele Dickerson
UIC Law Review
No abstract provided.
203 N. Lasalle Five Years Later: Answers To The Open Questions, 38 J. Marshall L. Rev. 61 (2004), Paul B. Lewis
203 N. Lasalle Five Years Later: Answers To The Open Questions, 38 J. Marshall L. Rev. 61 (2004), Paul B. Lewis
UIC Law Review
No abstract provided.
Creditors' Rights Risk: A Title Insurer's Perspective, 38 J. Marshall L. Rev. 223 (2004), Paul L. Hammann, John C. Murray
Creditors' Rights Risk: A Title Insurer's Perspective, 38 J. Marshall L. Rev. 223 (2004), Paul L. Hammann, John C. Murray
UIC Law Review
No abstract provided.
2003 - A Year Of Discovery: Cybergenics And Plain Meaning In Bankruptcy Cases, Marjorie O. Rendell
2003 - A Year Of Discovery: Cybergenics And Plain Meaning In Bankruptcy Cases, Marjorie O. Rendell
Villanova Law Review
No abstract provided.
Remembering Pine Gate, 38 J. Marshall L. Rev. 5 (2004), Douglas G. Baird
Remembering Pine Gate, 38 J. Marshall L. Rev. 5 (2004), Douglas G. Baird
UIC Law Review
No abstract provided.
Treatment Of Real Property Liens In Bankruptcy Cases, 38 J. Marshall L. Rev. 171 (2004), Gerald F. Munitz
Treatment Of Real Property Liens In Bankruptcy Cases, 38 J. Marshall L. Rev. 171 (2004), Gerald F. Munitz
UIC Law Review
No abstract provided.
Precision In Statutory Drafting: The Qualitech Quagmire And The Sad History Of § 365(H) Of The Bankruptcy Code, 38 J. Marshall L. Rev. 97 (2004), Robert M. Zinman
Precision In Statutory Drafting: The Qualitech Quagmire And The Sad History Of § 365(H) Of The Bankruptcy Code, 38 J. Marshall L. Rev. 97 (2004), Robert M. Zinman
UIC Law Review
No abstract provided.
The Innovative German Approach To Consumer Debt Relief: Revolutionary Changes In German Law, And Surprising Lessons For The United States, Jason J. Kilborn
The Innovative German Approach To Consumer Debt Relief: Revolutionary Changes In German Law, And Surprising Lessons For The United States, Jason J. Kilborn
Northwestern Journal of International Law & Business
This Article seeks to achieve two goals as it describes the consumer provisions of the new German Insolvency Act. First, it reveals critical distinctions between the theory of consumer insolvency, as described in German law and legal literature, and the reality of consumer insolvency in practice, as it has developed in the four-and-a-half years since the law went into effect. From both theoretical and practical perspectives, the German experience both supports and challenges many of the notions underlying consumer bankruptcy reform debates in the United States. As it turns out, the German and U.S. consumer debt relief systems produce largely …
Sovereign Debt Reform And The Best Interest Of Creditors, William W. Bratton, G. Mitu Gulati
Sovereign Debt Reform And The Best Interest Of Creditors, William W. Bratton, G. Mitu Gulati
Vanderbilt Law Review
This Article is about boilerplate language located at the back of contracts drafted by the world's largest law firms. The clauses in question are process provisions that regulate the amendment of sovereign debt contracts. These paragraphs have been drafted and redrafted by generations of corporate lawyers, yet they have changed little in their broad outlines in more than a century of use. Now they take center stage in the global financial arena, where they govern billions of dollars (and pounds, euros, and yen) of sovereign debt in default and billions more in imminent risk of default. Officials, academics, and even …