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Articles 1 - 9 of 9
Full-Text Articles in Law
Managers' Fiduciary Duties In Financially Distressed Corporations: Chaos In Delaware (And Elsewhere), Christopher W. Frost, Rutheford B. Campbell
Managers' Fiduciary Duties In Financially Distressed Corporations: Chaos In Delaware (And Elsewhere), Christopher W. Frost, Rutheford B. Campbell
ExpressO
In this article, the authors consider the nature of corporate managers’ fiduciary duties in periods when the company is in financial distress. This matter is important not only to corporate managers, who need clear rules regarding their duties, but also to equity and debt investors, who must understand the nature of corporate fiduciary duties in order to price the capital that they contribute to the enterprise and allocate the financial risks of loss to the most efficient risk bearer from among the investors.
Unfortunately, courts – especially the important Delaware courts – have made a mess of all of this. …
Debtor Discharge And Creditor Repayment In Chapter 13, Scott F. Norberg, Andrew Velkey
Debtor Discharge And Creditor Repayment In Chapter 13, Scott F. Norberg, Andrew Velkey
Faculty Publications
Consumer bankruptcy filings hit another record high in 1998, with nearly 1.4 million consumers filing for bankruptcy relief. This trend sparked a debate in Congress about means-testing chapter 7 bankruptcy filings. Proponents of reform argued that it would curtail fraud and abuse. Opponents believed that consumer debt was swamping income growth, and that the deregulation of the consumer credit market had led to overgenerous lending and hence to more bankruptcies. This is an empirical study of whether filers for chapter 13 bankruptcy cases are abusing the system, or whether debtors are truly being swamped by debt in excess of their …
Lawyer Liability And The Vortex Of Deepening Insolvency, Douglas R. Richmond, Rebecca Lamberth, Ambreen Delawalla
Lawyer Liability And The Vortex Of Deepening Insolvency, Douglas R. Richmond, Rebecca Lamberth, Ambreen Delawalla
Saint Louis University Law Journal
No abstract provided.
Limiting Limited Liability, Giuseppe Dari-Mattiacci
Limiting Limited Liability, Giuseppe Dari-Mattiacci
Giuseppe Dari-Mattiacci
Limited liability may result in inefficient accident prevention, because a relevant portion of the expected harm is externalized on victims. This paper shows that under some restrictive conditions further limiting liability by means of a liability cap can improve caretaking.
Greed And Pride In International Bankruptcy: The Problems Of And Proposed Solutions To 'Local Interests', John A. E. Pottow
Greed And Pride In International Bankruptcy: The Problems Of And Proposed Solutions To 'Local Interests', John A. E. Pottow
Articles
The collapses of Yukos, Parmalat, and other international juggernauts have focused scholarly attention on the failure of multinational enterprises. Even what one might consider "American" companies, such as Chicago-based United Airlines, have made clear in their restructuring plans that their operations have profound effects on the dozens of nations around the globe where they transact business. Government and quasi-government reform efforts to regulate these cross-border insolvencies have abounded, including among others, the UNCITRAL Model Law on Cross-Border Insolvency. UNCITRAL is also building on World Bank and INSOL efforts at promulgating a Legislative Guide for "best practices" bankruptcy codes. Scholars vary …
U.S. Airways, Petrie, Patterson
U.S. Airways, Petrie, Patterson
Chapter 11 Bankruptcy Case Studies
No abstract provided.
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 …
Service In The United States Under Insolvency Rule 12.12, Adrian Walters, I. Williams, H. Marsh
Service In The United States Under Insolvency Rule 12.12, Adrian Walters, I. Williams, H. Marsh
Adrian J Walters
No abstract provided.
The Proceeds Of Office-Holder Actions Under The Insolvency Act: Charged Assets Or Free Estate?, Adrian Walters, J. Armour
The Proceeds Of Office-Holder Actions Under The Insolvency Act: Charged Assets Or Free Estate?, Adrian Walters, J. Armour
Adrian J Walters
No abstract provided.