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Articles 1 - 15 of 15
Full-Text Articles in Law
The Control Of Wealth In Bankruptcy, Jay L. Westbrook
The Logical Structure Of Fraudulent Transfers And Equitable Subordination, David G. Carlson
The Logical Structure Of Fraudulent Transfers And Equitable Subordination, David G. Carlson
Faculty Articles
No abstract provided.
Bankruptcy And Recovery Of Tort Damages, George Kuney
Bankruptcy And Recovery Of Tort Damages, George Kuney
Scholarly Works
No abstract provided.
Why Do Distressed Companies Choose Delaware? An Empirical Analysis Of Venue Choice In Bankruptcy , Kenneth M. Ayotte, David A. Skeel Jr.
Why Do Distressed Companies Choose Delaware? An Empirical Analysis Of Venue Choice In Bankruptcy , Kenneth M. Ayotte, David A. Skeel Jr.
All Faculty Scholarship
We analyze a sample of large Chapter 11 cases to determine which factors motivate the choice of filing in one court over another when a choice is available. We focus in particular on the Delaware court, which became the most popular venue for large corporations in the 1990s. We find no evidence of agency problems governing the venue choice or affecting the outcome of the bankruptcy process. Instead, firm characteristics and court characteristics, particularly a court's level of experience, are the most important factors. We find that court experience manifests itself in both a greater ability to reorganize marginal firms …
Editor's Observations: The Sarbanes-Oxley Act And What Came After, Frank O. Bowman Iii
Editor's Observations: The Sarbanes-Oxley Act And What Came After, Frank O. Bowman Iii
Faculty Publications
On December 2, 2001, the Enron Corporation filed the largest bankruptcy petition in U.S. history. Losses to investors, creditors, employees, and pensioners were in the billions. Criminal investigations are ongoing. On May 1, 2003, the U.S. Sentencing Commission passed a set of amendments to the U.S. Sentencing Guidelines that will, among other things, prevent a federal district judge from awarding a sentence of straight probation to a defendant convicted at trial of an $11,000 mail fraud. This Issue of FSR tells the story of how the first of these apparently unrelated events led to the second. Put another way, this …
Information Privacy And Internet Company Insolvencies: When A Business Fails, Does Divesture Or Bankruptcy Better Protect The Consumer?, Farah Z. Usmani
Information Privacy And Internet Company Insolvencies: When A Business Fails, Does Divesture Or Bankruptcy Better Protect The Consumer?, Farah Z. Usmani
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Discrepancy In Bankruptcy Code Section 330: Can A Chapter 7 Debtor's Attorney Collect Fees From The Bankruptcy Estate?, Frank Misiti
The Discrepancy In Bankruptcy Code Section 330: Can A Chapter 7 Debtor's Attorney Collect Fees From The Bankruptcy Estate?, Frank Misiti
Hofstra Law Review
No abstract provided.
Not All Politics Is Local: The New Chapter 15 To Govern Cross-Border Insolvencies, Elizabeth J. Gerber
Not All Politics Is Local: The New Chapter 15 To Govern Cross-Border Insolvencies, Elizabeth J. Gerber
Fordham Law Review
No abstract provided.
Closing A Bankruptcy Loop-Hole Or Impairing A Debtor's Fresh Start? Sarbanes-Oxley Creates A New Exception To Discharge, Lucian Murley
Closing A Bankruptcy Loop-Hole Or Impairing A Debtor's Fresh Start? Sarbanes-Oxley Creates A New Exception To Discharge, Lucian Murley
Kentucky Law Journal
No abstract provided.
Exploring The Sarbanes-Oxley Act: Will Government Intervention In The Public Accounting Profession Prevent Another Enron?, Sally S. Spielvogel
Exploring The Sarbanes-Oxley Act: Will Government Intervention In The Public Accounting Profession Prevent Another Enron?, Sally S. Spielvogel
Kentucky Law Journal
No abstract provided.
The Implied Waiver Solution To The Problem Of Privilege In The Individual Bankruptcy Case, Laura B. Bartell
The Implied Waiver Solution To The Problem Of Privilege In The Individual Bankruptcy Case, Laura B. Bartell
Law Faculty Research Publications
No abstract provided.
Avoiding Moral Bankruptcy, David A. Skeel Jr.
Avoiding Moral Bankruptcy, David A. Skeel Jr.
All Faculty Scholarship
Faced with hundreds of clergy sexual misconduct cases last year, the Archdiocese of Boston hinted that it was considering filing for bankruptcy. Although it is hard to imagine an archdiocese or church filing for bankruptcy, bankruptcy has become an important forum for many social issues that cannot be easily resolved elsewhere. This Article explores the implications of a religious organization bankruptcy filing by focusing on four problems with the bankruptcy alternative: the possibility of dismissal for being filed in bad faith; the question of what church assets are subject to the process; the fact that the church might be subject …
Putting Health Care Providers At A Loss And Consumers At Risk: Why Hmos Should Be Held Accountable For The Financial Instability Of Their Delegated Networks., Anish P. Michael
Putting Health Care Providers At A Loss And Consumers At Risk: Why Hmos Should Be Held Accountable For The Financial Instability Of Their Delegated Networks., Anish P. Michael
St. Mary's Law Journal
This Comment explores why health maintenance organizations (HMOs) such as PacifiCare should be held accountable for the financial instabilities of their delegated networks. Part II discusses the organization of the managed care system and the assessment of Texas laws currently enforcing managed care in the state. Incorporated in this discussion is a look at the risks delegated networks bear when contracting with HMOs to provide payment for individualized care. Part III analyzes the increasing trend of financial instability by presenting the views of the HMOs, the delegated networks, the health care providers, and the consumers enrolled in the health plan. …
Financial Collapse And Class Status: Who Goes Bankrupt?, Elizabeth Warren
Financial Collapse And Class Status: Who Goes Bankrupt?, Elizabeth Warren
Osgoode Hall Law Journal
Every policy prescription, economic analysis, or news report about consumer bankruptcy rests on one or another unspoken image of the estimated 1.5 million families that will file in a single year. Data from the 2001 Consumer Bankruptcy Project permit a systematic analysis of the composition of those who file for personal bankruptcy, focusing on their education, occupation, and home ownership status. These attributes serve as a proxy for class identification. Based on these indicia, more than 90 per cent of the families in bankruptcy qualify as middle class. These data are a powerful reminder that whatever else might be said …
Resisting The Expansion Of Bankruptcy Court Power Under Section 105 Of The Bankruptcy Code: The All Writs Act And An Admonition From Chief Justice Marshall, Daniel Bogart
Daniel B. Bogart
This article is divided into three main parts. In the first part, the article criticizes the expansive use of section 105 of the Bankruptcy Code by bankruptcy courts, and argues that this is an inappropriate extension of bankruptcy court power. It begins with a history of section 105 and argues that the drafter intended section 105 to be of limited scope. The drafter assumed that bankruptcy courts would rely on the All Writs Act, upon which the language of section 105 is based. This part then examines a number of typical scenarios in which courts have over reached in application …