Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Analysis (1)
- Asset protection (1)
- Bankruptcy (1)
- Bankruptcy forum shopping (1)
- Bankruptcy law (1)
-
- Chapter 11 reorganizations (1)
- Corporate liability (1)
- ERISA (1)
- Empirical legal studies (1)
- Income protection (1)
- International aspects (1)
- International cooperation (1)
- Judge shopping (1)
- Judgment proofing (1)
- O.J. Simpson (1)
- Pension shield (1)
- Retirement (1)
- Trends in forum shopping (1)
- Trusts (1)
- Venue choice (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Hidden In Plain View: The Pension Shield Against Creditors, Patricia E. Dilley
Hidden In Plain View: The Pension Shield Against Creditors, Patricia E. Dilley
UF Law Faculty Publications
This Article examines the virtually unquestioned protection of retirement assets from creditors, in both state and federal law, with a view to determining whether tax qualification or even retirement itself is a sufficient rationale for preserving debtor assets in the face of creditors' claims, and if so, what the limits of such protection should be. The problems of current law stem in large part from the use of tax qualified status as a convenient shortcut for determining the appropriate bankruptcy treatment of retirement accounts. The result is a wide disparity in the treatment of debtors epitomized by the cases of …
Shopping For Judges: An Empirical Analysis Of Venue Choice In Large Chapter 11 Reorganizations, Theodore Eisenberg, Lynn M. Lopucki
Shopping For Judges: An Empirical Analysis Of Venue Choice In Large Chapter 11 Reorganizations, Theodore Eisenberg, Lynn M. Lopucki
UF Law Faculty Publications
For almost two decades, an embarrassing pattern of forum shopping has been developing in the highly visible world of big-case bankruptcy reorganization. Forum shopping--defined here as the act of filing in a court that does not serve the geographical area of the debtor's corporate headquarters--now occurs in more than half of all big-case bankruptcies. Two jurisdictions have attracted most of the forum shoppers. During the 1980s, when a large portion of the shopping was to New York, the lawyers involved asserted that New York was a natural venue because of its role as the country's financial capital and because so …
The Irrefutable Logic Of Judgment Proofing: A Reply To Professor Schwarcz, Lynn M. Lopucki
The Irrefutable Logic Of Judgment Proofing: A Reply To Professor Schwarcz, Lynn M. Lopucki
UF Law Faculty Publications
In The Inherent Irrationality of Judgment Proofing, Professor Steven L. Schwarcz raises interesting new arguments against my death of liability thesis. The sheer number of those arguments makes it impossible for me to respond to all of them. The core of Schwarcz's insight is to divide judgment proofing structures into those negotiated at arm's length and those constructed within a single corporate group. I consider his arguments regarding the first set of structures in Part I and the second set in Part II.
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 Contracting Revised: A Reply To Alan Schwartz's New Model, Lynn M. Lopucki
Bankruptcy Contracting Revised: A Reply To Alan Schwartz's New Model, Lynn M. Lopucki
UF Law Faculty Publications
In Bankruptcy Contracting Reviewed, Alan Schwartz purports to restate and defend the bankruptcy contracting model he presented in A Contract Theory Approach to Business Bankruptcy. What he in fact does is abandon key assumptions of the original model and substitute new ones. The resulting new model is driven by reputational constraints neither present nor possible in the original model. Yet it works no better than the original. The linchpin of Schwartz's response is his insistence that his original model contained an unstated assumption prohibiting debtor firms from lying. In the context of Schwartz's model, the effect of the new assumption …