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Articles 1 - 5 of 5

Full-Text Articles in Law

The Bapcpa's Chilling Effect On Debtor's Councel, Alan Eisher Jun 2006

The Bapcpa's Chilling Effect On Debtor's Councel, Alan Eisher

American University Law Review

No abstract provided.


A Few Lines, David G. Epstein Jun 2006

A Few Lines, David G. Epstein

American University Law Review

No abstract provided.


Testing The Limits Of Statutory Construction Doctrines: Deconstructing The 2005 Bankruptcy Act, John Rao Jun 2006

Testing The Limits Of Statutory Construction Doctrines: Deconstructing The 2005 Bankruptcy Act, John Rao

American University Law Review

No abstract provided.


Debtor Discharge And Creditor Repayment In Chapter 13, Scott F. Norberg Mar 2006

Debtor Discharge And Creditor Repayment In Chapter 13, Scott F. Norberg

ExpressO

The consumer bankruptcy system plays an enormous albeit largely under appreciated role in the United States economy. There were nearly 1.6 million consumer bankruptcy filings in the United States in 2004 - more than twice the number just ten years earlier, and more than one filing for every 70 households in the country. Nearly a third of these filings were under Chapter 13 of the Bankruptcy Code. (Chapter 13 provides for individual debt readjustment pursuant to a repayment plan, whereas Chapter 7 provides for liquidation of assets to pay creditor claims.) Yet, little is known about what debtors and creditors …


How The Old World Encountered The New One: Regulatory Competition And Cooperation In European Corporate And Bankruptcy Law , Luca Enriques, Martin Gelter Jan 2006

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 …