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Mortgage Modification, Equitable Subordination, And The Honest But Unfortunate Creditor, Juliet Moringiello
Mortgage Modification, Equitable Subordination, And The Honest But Unfortunate Creditor, Juliet Moringiello
Juliet M Moringiello
Mortgage foreclosures are at an all-time high and property values in many parts of the country have declined precipitously. Yet bankruptcy, which is often a last resort for individuals in financial distress, provides little relief to a homeowner who finds that her mortgage debt exceeds the value of her home. The reason for bankruptcy’s inadequacy in this regard is the Bankruptcy Code’s prohibition on the modification of home mortgages, a prohibition that became part of bankruptcy law in 1978, when most home mortgage loans were 30-year fixed rate loans made by savings and loan associations. While most secured loans can …
Reflections Regarding Place Of Damage In Relation To Keyword Advertising, Ulf Maunsbach
Reflections Regarding Place Of Damage In Relation To Keyword Advertising, Ulf Maunsbach
Ulf Maunsbach
No abstract provided.
'No Look' Attorneys' Fees And The Attorneys Who Are Looking: An Empirical Analysis Of Presumptively Approved Attorneys' Fees In Ch. 13 Bankruptcies And A Proposal For Reform, Bruce Price
Bruce M Price
This article presents original empirical research on the issue of “No Look” or presumptively approved attorneys’ fees in consumer Chapter 13 bankruptcy cases. 11 U.S.C. section 330 requires court approval of attorneys’ fees. Courts are frequently unable to address the volume of applications if individual review were required. As such, many courts have set presumptively approved attorneys’ fees in which the attorneys’ fees for routine services are approved administratively. Circuits are split as to whether this practice can be rationalized with existing case law, the Bankruptcy Code or legislative intent. The study examines the practices of each Bankruptcy Court and …
Halting, Altering And Agreeing, Bruce M. Price
Halting, Altering And Agreeing, Bruce M. Price
Bruce M Price
Utilizing Felstiner, et al.'s Naming, Blaming and Claiming as a conceptual framework, I argue that the Chapter 11 bankruptcy process represents a dispute transformation mechanism. Disputes are transformed through a series of stages I call Halting, Altering and Agreeing. This transformative dispute process can be conceptualized as a form of disputing that accomplishes many of the goals of ADR, while avoiding the ideological and substantive critiques outlined by Harrington, Engle Merry, Yngvesson, and others. Finally, the development of this dispute mechanism is historically situated in light of the transition to the modern form of contract law and welfare state considerations …