Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Vanderbilt University Law School (13)
- Golden Gate University School of Law (5)
- University of Florida Levin College of Law (5)
- Selected Works (4)
- SelectedWorks (4)
-
- American University Washington College of Law (3)
- University of Miami Law School (3)
- Northwestern Pritzker School of Law (2)
- Nova Southeastern University (2)
- Valparaiso University (2)
- BLR (1)
- Cleveland State University (1)
- Florida International University College of Law (1)
- Fordham Law School (1)
- Maurer School of Law: Indiana University (1)
- New York Law School (1)
- Pace University (1)
- Pepperdine University (1)
- Southern Methodist University (1)
- St. Mary's University (1)
- The Peter A. Allard School of Law (1)
- The University of Akron (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Baltimore Law (1)
- University of Georgia School of Law (1)
- University of Kentucky (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Michigan Law School (1)
- University of Missouri School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- Publication Year
- Publication
-
- Vanderbilt Law Review (9)
- UF Law Faculty Publications (5)
- Golden Gate University Law Review (4)
- American University Law Review (3)
- Faculty Scholarship (3)
-
- All Faculty Scholarship (2)
- Bernard Trujillo (2)
- Faculty Publications (2)
- Law Faculty Publications (2)
- Northwestern Journal of International Law & Business (2)
- Scholarly Works (2)
- Vanderbilt Journal of Transnational Law (2)
- Vanderbilt Law School Faculty Publications (2)
- Akron Law Review (1)
- All Faculty Publications (1)
- Annual Survey of International & Comparative Law (1)
- Articles (1)
- Articles by Maurer Faculty (1)
- Book Chapters (1)
- Chunlin Leonhard (1)
- Cleveland State Law Review (1)
- Continuing Legal Education Materials (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- ExpressO (1)
- Faculty Articles (1)
- Faculty Journal Articles and Book Chapters (1)
- Federico M. Mucciarelli (1)
- Jason Kilborn (1)
- John Evans (1)
- Journal of the National Association of Administrative Law Judiciary (1)
- Publication Type
Articles 31 - 60 of 66
Full-Text Articles in Law
Randomness And Complexity In Social Explanation: Evidence From Finance And Bankruptcy Law, Bernard Trujillo
Randomness And Complexity In Social Explanation: Evidence From Finance And Bankruptcy Law, Bernard Trujillo
Law Faculty Publications
No abstract provided.
Florida's Beefed-Up Assignment For The Benefit Of Creditors As An Alternative To Bankruptcy, Jeffrey Davis
Florida's Beefed-Up Assignment For The Benefit Of Creditors As An Alternative To Bankruptcy, Jeffrey Davis
UF Law Faculty Publications
Two new corporate clients have been referred to you. The owners of both corporations have consulted lawyers about their struggling businesses and now seek second opinions. The first was advised by its attorney to file a Chapter 7 bankruptcy petition, the second was advised to file a Chapter 11 petition. You think both should consider an assignment for the benefit of creditors. Why? Stated simply, an assignment for the benefit of creditors, or an ABC, is normally much simpler and almost always less expensive than a comparable bankruptcy proceeding.' The substantial savings in expense results in larger payouts to both …
Corporate Form And Substantive Consolidation, William H. Widen
Corporate Form And Substantive Consolidation, William H. Widen
Articles
No abstract provided.
The Bapcpa's Chilling Effect On Debtor's Councel, Alan Eisher
The Bapcpa's Chilling Effect On Debtor's Councel, Alan Eisher
American University Law Review
No abstract provided.
A Few Lines, David G. Epstein
Testing The Limits Of Statutory Construction Doctrines: Deconstructing The 2005 Bankruptcy Act, John Rao
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
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
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 …
Patterns In A Complex System: An Empirical Study Of Valuation In Business Bankruptcy Cases, Bernard Trujillo
Patterns In A Complex System: An Empirical Study Of Valuation In Business Bankruptcy Cases, Bernard Trujillo
Law Faculty Publications
This Article applies complex systems research methods to explore the characteristics of the bankruptcy legal system. It presents the results of an empirical study of twenty years of bankruptcy court valuation doctrine in business cramdown cases. The data provide solid descriptions of how courts exercise their discretion in valuing firms and assets.
This Article has two objectives: First, using scientific methodology, it explains the content of bankruptcy valuation doctrine. Second, the Article uses doctrine as a variable to explore the system dynamics that govern the processes of change over time.
Significant findings include: (1) Courts tend to split the difference …
Patterns In A Complex System: An Empirical Study Of Valuation In Business Bankruptcy Cases, Bernard Trujillo
Patterns In A Complex System: An Empirical Study Of Valuation In Business Bankruptcy Cases, Bernard Trujillo
Bernard Trujillo
This Article applies complex systems research methods to explore the characteristics of the bankruptcy legal system. It presents the results of an empirical study of twenty years of bankruptcy court valuation doctrine in business cramdown cases. The data provide solid descriptions of how courts exercise their discretion in valuing firms and assets. This Article has two objectives: First, using scientific methodology, it explains the content of bankruptcy valuation doctrine. Second, the Article uses doctrine as a variable to explore the system dynamics that govern the processes of change over time. Significant findings include: ( 1 ) Courts tend to split …
Recent Developments In Bankruptcy Law, Nancy B. Rapoport
Recent Developments In Bankruptcy Law, Nancy B. Rapoport
Scholarly Works
Discussion of 2004 cases regarding bankruptcy law.
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 …
The Law Of Last Resort, Barry E. Adler
The Law Of Last Resort, Barry E. Adler
Vanderbilt Law Review
A financially distressed individual or corporation employs the bankruptcy process only as a last resort. The study of bankruptcy law, however, need not, and should not, be an afterthought. The traditional bodies of law that compose private ordering are the laws of property, contract, and tort. Property law establishes private entitlements that can be specifically enforced against the world. Contract law permits individuals to exchange obligations and thus invest one another with entitlements. Tort law creates its own set of entitlements and imposes liability for unwanted interference with those or other entitlements. These bodies of law are often presented as …
Russia's Intactable Economic Problems And The Next Steps In Legal Reform: Bankruptcy And The Depoliticization Of Business , William P. Kratzke
Russia's Intactable Economic Problems And The Next Steps In Legal Reform: Bankruptcy And The Depoliticization Of Business , William P. Kratzke
Northwestern Journal of International Law & Business
Law reform in Russia proceeds on many fronts. This paper takes the position that the most important legal reforms for Russia are those that eliminate the reward system that encourages economic activity that can be highly inefficient. These legal reforms are an effective bankruptcy law and the de-politicization of business. The two go hand-in-hand. It is the politicization of business that renders Russia's bankruptcy laws ineffective by making non-viable business entities .appear to be solvent. These two reforms, were they adequately implemented, would eliminate rewards for inefficiency. Only when the Russian government-and its people-have removed this reward system can conditions …
State Defiance Of Bankruptcy Law, Eric Winston
State Defiance Of Bankruptcy Law, Eric Winston
Vanderbilt Law Review
Bankruptcy is the principal device by which failing businesses and financially-troubled families get one last chance to reorganize their affairs back to financial health. It is also the graveyard for business failures, the place where we bury dead corporations and divide their remaining assets among their surviving creditors. In the last decade, the bankruptcy system has given seven million middle-class families a way to start over-an opportunity to save their homes from foreclosure, rid themselves of overwhelming debts, and reintegrate themselves into the workforce as productive citizens. It has also been the way that 10,000 corporations have restructured their way …
State Defiance Of Bankruptcy Law, Kenneth N. Klee, James O. Johnston, Eric Winston
State Defiance Of Bankruptcy Law, Kenneth N. Klee, James O. Johnston, Eric Winston
Vanderbilt Law Review
Bankruptcy is the principal device by which failing businesses and financially-troubled families get one last chance to reorganize their affairs back to financial health. It is also the graveyard for business failures, the place where we bury dead corporations and divide their remaining assets among their surviving creditors.
In the last decade, the bankruptcy system has given seven million middle-class families a way to start over-an opportunity to save their homes from foreclosure, rid themselves of overwhelming debts, and reintegrate themselves into the workforce as productive citizens. It has also been the way that 10,000 corporations have restructured their way …
Cooperation In International Bankruptcy: A Post-Universalist Approach, Lynn M. Lopucki
Cooperation In International Bankruptcy: A Post-Universalist Approach, Lynn M. Lopucki
UF Law Faculty Publications
This article examines the several competing systems proposed for international cooperation in the bankruptcy cases of multinational companies and concludes that a cooperative form of territoriality would work best. Universalism, the system that currently dominates the scholarship, diplomacy, and jurisprudence of international bankruptcy, holds that the courts of the multinational company's "home country" should have worldwide jurisdiction and apply its own law to the core issues of the case. Universalism is unworkable because it would require that countries permit foreign law and courts to govern wholly domestic relationships and because the of "home countries" of multinational companies are so ephemeral …
Bankruptcy Takings, Julia Patterson Forrester Rogers
Bankruptcy Takings, Julia Patterson Forrester Rogers
Faculty Journal Articles and Book Chapters
The Takings Clause is a vital consideration in determining the treatment of secured creditors in bankruptcy. This Article will explain why the Takings Clause is relevant and why scholars engaged in the debate over secured credit must consider the constitutionality of their proposals in light of the takings issue. In Part I of the Article, I explore the ways in which current bankruptcy law provides protection and gives deference to property rights. I also discuss certain proposals that would reduce the protection given to secured parties. Part II provides an overview of takings law and discusses some of the cases …
Behavioral Economics, The Economic Analysis Of Bankruptcy Law And The Pricing Of Credit, Robert K. Rasmussen
Behavioral Economics, The Economic Analysis Of Bankruptcy Law And The Pricing Of Credit, Robert K. Rasmussen
Vanderbilt Law Review
Bankruptcy has been a fertile ground for the economic analysis of law. A significant portion of bankruptcy scholarship during the past fifteen years applies the basic assumptions of standard economic theory to the problems caused by financial distress. This scholarship begins with the premise that people make choices in a rational manner in order to maximize their individual utility. It applies this axiom to questions ranging from when do individuals file for bankruptcy to how bankruptcy laws affect firms' investment decisions. As it has in most other areas of law (especially private law), law and economics has both reshaped our …
Foreword, Bankruptcy Law Symposium, Scott F. Norberg, Todd J. Zywicki
Foreword, Bankruptcy Law Symposium, Scott F. Norberg, Todd J. Zywicki
Faculty Publications
No abstract provided.
Reconciling The Dormant Conflict: Crafting A Banking Exception To The Fraudulent Conveyance Provision Of The Bankruptcy Code For Bank Holding Company Asset Transfers, Cassandra Jones Havard
Reconciling The Dormant Conflict: Crafting A Banking Exception To The Fraudulent Conveyance Provision Of The Bankruptcy Code For Bank Holding Company Asset Transfers, Cassandra Jones Havard
All Faculty Scholarship
Banking law and bankruptcy law clash. This is most evident when a bank holding company (parent company) becomes insolvent after it has made an asset transfer to its financially troubled bank subsidiary.
The Bankruptcy Code (Code) governs the insolvency proceedings of the bank holding company. Predictably, the parent company's trustee, appointed for the protection of all the creditors of the bankrupt entity, uses the fraudulent conveyance provision of the Code to have any asset transfers that were made to the bank subsidiary returned to the debtor's estate. The good faith exception to that provision will protect the asset transfer only …
Should The Secured Credit Carve Out Apply Only In Bankruptcy? A Systems/Strategic Analysis, Lynn M. Lopucki
Should The Secured Credit Carve Out Apply Only In Bankruptcy? A Systems/Strategic Analysis, Lynn M. Lopucki
UF Law Faculty Publications
No abstract provided.
Florida's Troubled Phosphate Companies: Can Bankruptcy Law Be Used To Relieve Their Obligation To Reclaim The Land?, Mary Jane Angelo
Florida's Troubled Phosphate Companies: Can Bankruptcy Law Be Used To Relieve Their Obligation To Reclaim The Land?, Mary Jane Angelo
UF Law Faculty Publications
The conflict that brings us here arises when the earth is disturbed and the environment in which we live is threatened. . . . On the one hand are the corporations who mine phosphate reserves in Florida—their intentions are based on the argument that an ever-shrinking agrarian base in America must have fertilizer to remain effective and productive. On the other hand are the individuals and groups who oppose that mining and their argument is based upon the contention that such mining is too destructive of a unique and very fragile ecosystem.
By the year 2000, phosphate companies will have …
Bankruptcy Reform, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Gene Humphreys, W. Thomas Bunch, Thomas L. Canary, David M. Cantor, Tracey N. Wise, Meritt S. Dietz, Phillip M. Moloney, Jeffrey W. Morris, John S. Egan, Sandra D. Freeburger, Randy D. Shaw
Bankruptcy Reform, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Gene Humphreys, W. Thomas Bunch, Thomas L. Canary, David M. Cantor, Tracey N. Wise, Meritt S. Dietz, Phillip M. Moloney, Jeffrey W. Morris, John S. Egan, Sandra D. Freeburger, Randy D. Shaw
Continuing Legal Education Materials
Presentation materials from the Bankruptcy Reform Course held by UK/CLE in December 1994.
Memorial Service, Judge Justin J. Mahoney, Roger J. Miner '56
Memorial Service, Judge Justin J. Mahoney, Roger J. Miner '56
Judges
No abstract provided.
A Theory Of The Regulation Of Debtor-In-Possession Financing, George G. Triantis
A Theory Of The Regulation Of Debtor-In-Possession Financing, George G. Triantis
Vanderbilt Law Review
The profile of Chapter 11 of the Bankruptcy Code in public consciousness has surged recently. Other than the automatic stay on the enforcement of claims, the most publicized feature of bankruptcy reorganizations is debtor-in-possession (DIP) financing. Indeed, along with the bankruptcy stay, DIP financing is the motivation for many Chapter 11 filings. Under Section 364 of the Code, a firm in bankruptcy (the debtor in possession) can finance its ongoing operations and investments by issuing new debt that enjoys any one of various levels of priority, all of which rank higher than the firm's prepetition unsecured debt.' The debtor's financing …
The Rejection Of Executory Contracts Under The Intellectual Property Bankruptcy Protection Act Of 1988, John J. Fry
The Rejection Of Executory Contracts Under The Intellectual Property Bankruptcy Protection Act Of 1988, John J. Fry
Cleveland State Law Review
In October of 1988, Congress enacted the Intellectual Property Bankruptcy Protection Act. The Act is intended to "promote the development and licensing of intellectual property by providing certainty to licensees in situations where the licensor files bankruptcy and seeks to reject the license as an executory contract by providing the licensee an "assurance of being able to continue to use the licensed intellectual property after rejection, while debtors/licensors will still be able to free themselves of burdensome obligations." The Act adds a new subsection to 11 U.S.C. §365 which allows the licensee of intellectual property under an executory contract to …
(Part 1) Chapter 7 Cases: Do Erisa And The Bankruptcy Code Conflict As To Whether A Debtor's Interest In Or Rights Under A Qualified Plan Can Be Used To Pay Claims, Donna Litman
Faculty Scholarship
No abstract provided.
(Part 2) Chapter 7 Cases: Do Erisa And The Bankruptcy Code Conflict As To Whether A Debtor's Interest In Or Rights Under A Qualified Plan Can Be Used To Pay Claims, Donna Litman
Faculty Scholarship
No abstract provided.
Bankruptcy Law Of The People's Republic Of China: Principle, Procedure & Practice, Henry R. Zheng
Bankruptcy Law Of The People's Republic Of China: Principle, Procedure & Practice, Henry R. Zheng
Vanderbilt Journal of Transnational Law
The Enterprise Bankruptcy Law of the People's Republic of China (For Trial Use) (the National Act), promulgated on December 2, 1986, is the first bankruptcy legislation applicable nationwide in the People's Republic of China (PRC or China). At the same time, some regional governments have also enacted regional bankruptcy laws with very limited geographic application. The National Act applies only to state-owned Chinese enterprises, while one regional bankruptcy regulation applies exclusively to foreign investment enterprises." The PRC thus has developed two parallel bankruptcy regimes. The introduction of a bankruptcy system in China represents a significant development in the economic relationship …