Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Pennsylvania Carey Law School (9)
- BLR (8)
- William & Mary Law School (8)
- UIC School of Law (7)
- Washington and Lee University School of Law (4)
-
- Brooklyn Law School (3)
- Columbia Law School (3)
- Georgetown University Law Center (2)
- University of Florida Levin College of Law (2)
- University of Michigan Law School (2)
- Vanderbilt University Law School (2)
- American University Washington College of Law (1)
- Brigham Young University Law School (1)
- Chicago-Kent College of Law (1)
- Cornell University Law School (1)
- Duke Law (1)
- Mercer University School of Law (1)
- Northwestern Pritzker School of Law (1)
- Osgoode Hall Law School of York University (1)
- Selected Works (1)
- SelectedWorks (1)
- Singapore Management University (1)
- University of Missouri School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of North Carolina School of Law (1)
- University of Tennessee College of Law (1)
- University of Texas Rio Grande Valley (1)
- University of Washington School of Law (1)
- Valparaiso University (1)
- Villanova University Charles Widger School of Law (1)
- Keyword
-
- Bankruptcy (19)
- Bankruptcy Law (14)
- Securitization (4)
- Bankruptcy reorganization (3)
- Contracts (3)
-
- Credit (3)
- Economics (3)
- Law and Economics (3)
- Secured Transactions (3)
- Bankruptcy Code (2)
- Bankruptcy law (2)
- Chapter 11 (2)
- Commercial Law (2)
- Corporate law (2)
- Critical race theory (2)
- Debt Relief (2)
- Debtor and Creditor (2)
- Intellectual property (2)
- International Monetary Fund (2)
- Liquidation (2)
- Production theory (2)
- Property (2)
- Property-Personal and Real (2)
- Restructuring (2)
- Secret liens (2)
- Sovereign debt (2)
- Trustee (2)
- A.H. Robins (1)
- Abandonment (1)
- Agency problems (1)
- Publication
-
- All Faculty Scholarship (10)
- Faculty Publications (10)
- ExpressO (8)
- Faculty Scholarship (7)
- UIC Law Review (6)
-
- Washington and Lee Law Review (4)
- Articles (2)
- Georgetown Law Faculty Publications and Other Works (2)
- UF Law Faculty Publications (2)
- Vanderbilt Law Review (2)
- American University Law Review (1)
- BYU Law Review (1)
- Chapter 11 Bankruptcy Case Studies (1)
- Cornell Law Faculty Publications (1)
- International Business and Entrepreneurship Faculty Publications and Presentations (1)
- James S. Rogers (1)
- Jonathan Yovel (1)
- Law & Economics Working Papers Archive: 2003-2009 (1)
- Law Faculty Publications (1)
- Mercer Law Review (1)
- Northwestern Journal of International Law & Business (1)
- Osgoode Hall Law Journal (1)
- Research Collection Yong Pung How School Of Law (1)
- Scholarly Works (1)
- Scholarship@WashULaw (1)
- UIC Law Open Access Faculty Scholarship (1)
- Villanova Law Review (1)
- Publication Type
Articles 1 - 30 of 70
Full-Text Articles in Law
On The Design Of Efficient Priority Rules For Secured Creditors: Empirical Evidence From A Change In Law, Clas Bergström, Theodore Eisenberg, Stefan Sundgren
On The Design Of Efficient Priority Rules For Secured Creditors: Empirical Evidence From A Change In Law, Clas Bergström, Theodore Eisenberg, Stefan Sundgren
Cornell Law Faculty Publications
This article assesses the effect of a reduction in secured creditor priority on distributions and administrative costs in liquidating bankruptcy cases by reporting the first empirical study of the effect of a priority change. Priority reform had redistributive effects in liquidating bankruptcy. As expected, average payments to general unsecured creditors were significantly higher after the reform than before the reform and payments to secured creditors decreased. Reform did not increase the size of the pie to be distributed in bankruptcy. Nor did it increase the direct costs of bankruptcy.
Bankruptcy Law And Inefficient Entitlements, Irit Haviv-Segal
Bankruptcy Law And Inefficient Entitlements, Irit Haviv-Segal
ExpressO
The question as to the justification of bankruptcy law remains unanswered. The literature tends to emphasize the conflict and inability to compromise between the different normative outlooks of the insolvency law system. A deeper reflection on the existing theories of bankruptcy law reveals, however, that all theories share the same starting point: All theories share the understanding that efficiency considerations justify the enforcement of contractual bankruptcy arrangements. When the social theories call for increased levels of coercion and redistribution, these theories rely on normative considerations of distributive justice and rehabilitation values. They by no means rely on efficiency grounds. This …
Property And Contract: Toward A Clearer Understanding Of The Hague Convention On The Law Applicable To Certain Rights In Respect Of Securities, James S. Rogers
Property And Contract: Toward A Clearer Understanding Of The Hague Convention On The Law Applicable To Certain Rights In Respect Of Securities, James S. Rogers
James S. Rogers
No abstract provided.
Bankruptcy And Mortgage Lending: The Homeowner Dilemma, A. Mechele Dickerson
Bankruptcy And Mortgage Lending: The Homeowner Dilemma, A. Mechele Dickerson
Faculty Publications
No abstract provided.
Race Matters In Bankruptcy, A. Mechele Dickerson
Race Matters In Bankruptcy, A. Mechele Dickerson
Faculty Publications
No abstract provided.
The Explosive Global Growth Of Personal Insolvency And The Concomitant Birth Of The Study Of Comparative Consumer Bankruptcy: Consumer Bankruptcy In Global Perspective, By Johanna Niemi-Kiesilainen, Lain Ramsay & William C. Whitford (Eds.); Comparative Consumer Insolvency Regimes: A Canadian Perspective, By Jacob S. Ziegel, Kent Anderson
Osgoode Hall Law Journal
No abstract provided.
Why (Consumer) Bankruptcy?, Richard M. Hynes
Why (Consumer) Bankruptcy?, Richard M. Hynes
Faculty Publications
No abstract provided.
Race Matters In Bankruptcy, A. Mechele Dickerson
Race Matters In Bankruptcy, A. Mechele Dickerson
Washington and Lee Law Review
No abstract provided.
Analysis Of Bankruptcy Law Provisions In New Member Eu Countries: Global Competitive Strategy Implications For Multinational Corporations, Francis J. Brewerton, Jane Lemaster
Analysis Of Bankruptcy Law Provisions In New Member Eu Countries: Global Competitive Strategy Implications For Multinational Corporations, Francis J. Brewerton, Jane Lemaster
International Business and Entrepreneurship Faculty Publications and Presentations
Globalization has been responsible for a number of ongoing interrelated trends including an accelerated worldwide movement toward economic integration, an ongoing proliferation of new multinational corporations, a widening search for new economic opportunities by multinational corporations, and an increasing concern for and attention to bankruptcy as a contingency strategy for multinational corporations when primary strategies catastrophically fail. The economic benefits associated with the removal of trade barriers is also attracting new member countries to the EU and other trading blocks but these new member countries’ bankruptcy law provisions may have uncertain contingency strategy implications for MNC’s.
This paper comprises (1) …
Racial Dimensions Of Credit And Bankruptcy, David A. Skeel, Jr.
Racial Dimensions Of Credit And Bankruptcy, David A. Skeel, Jr.
Washington and Lee Law Review
No abstract provided.
Archer V. Warner: Circuit Split Resolution Or Contractual Quagmire?, Jennifer R. Belcher
Archer V. Warner: Circuit Split Resolution Or Contractual Quagmire?, Jennifer R. Belcher
Washington and Lee Law Review
No abstract provided.
Can A Bankrupt Company Assign Its Patent License To The Highest Bidder, Even When The License Itself Forbids Assignment? Why Everex Systems, Inc. V. Cadtrak Corp. Gives An Unconvincing Answer, Matthew D. Siegel
ExpressO
A patent licensee that declares bankruptcy will often want to assign its rights under the license to another party in exchange for much-needed cash. The Bankruptcy Code generally allows debtors to assign executory contracts, including patent licenses, in this way. Indeed, the Code permits debtors to assign a contract even if the contract itself contains a “no-assign” clause, i.e., a clause expressly forbidding assignment. But there is an exception: The Code will defer to certain kinds of otherwise applicable non-bankruptcy law that would normally prevent the contract from being assigned. In particular, the Code will not allow assignment by a …
The End Of Notice: Secrets And Liens In Commercial Finance Law, Jonathan C. Lipson
The End Of Notice: Secrets And Liens In Commercial Finance Law, Jonathan C. Lipson
ExpressO
This article explores important recent changes in the way that we treat personal property in commercial finance transactions. Among other things, these changes reduce or eliminate the obligation to give notice of interests in personal property when it is used in commercial finance transactions (as, e.g., collateral for a loan).
A principal purpose of notice-filing has been to deter the creation of secret liens, interests in property that are neither recorded nor otherwise readily observable. Secret liens are universally castigated as abhorrent.
Yet, two recent sets of legislative developments suggest that we may care much less about the problem of …
Bankruptcy, James D. Walker Jr., Amber Nickell
Bankruptcy, James D. Walker Jr., Amber Nickell
Mercer Law Review
Since last year's article, the courts in the Eleventh Circuit have issued-with a few exceptions-mostly routine bankruptcy opinions. The United States Supreme Court, however, has been very busy, deciding six bankruptcy-related cases. It makes sense to begin with one of the most anticipated of those opinions.
A Normative Theory Of Bankruptcy Law: Bankruptcy As (Is) Civil Procedure, Charles W. Mooney, Jr.
A Normative Theory Of Bankruptcy Law: Bankruptcy As (Is) Civil Procedure, Charles W. Mooney, Jr.
Washington and Lee Law Review
This paper develops a normative theory of bankruptcy law called "procedure theory." The core of procedure theory is that bankruptcy law exists in order to maximize the recoveries for holders of legal entitlements ("rightsholders") in respect of a financially distressed debtor. Bankruptcy law in the United States is a branch of civil procedure and the jurisdiction of federal courts. Procedure theory holds that it generally is wrong in bankruptcy to redistribute a debtor's wealth away from its rightsholders to benefit third-party interests, such as at-will employees and the general community. It also generally is wrong to rearrange priorities in bankruptcy …
A Politically Viable Approach To Sovereign Debt Restructuring, A. Mechele Dickerson
A Politically Viable Approach To Sovereign Debt Restructuring, A. Mechele Dickerson
Faculty Publications
The failure to enact a statutory system to restructure sovereign debt suggests that the international community is still unwilling to adopt a unified global response to insolvency issues. Since nations refused to enact uniform legislation to facilitate more orderly business insolvencies within a sovereign, it is not surprising that recent attempts to create uniform legislation that addresses the insolvency of sovereigns themselves have been unsuccessful. While a comprehensive statutory approach can predictably and efficiently restructure all of a sovereign's debts, the failed experience with uniform cross-border insolvency legislation suggests that sovereigns will not accept an inflexible statutory scheme that contains …
Secrets And Liens: Verification And Measurement In Commercial Finance Law, Jonathan C. Lipson
Secrets And Liens: Verification And Measurement In Commercial Finance Law, Jonathan C. Lipson
ExpressO
This article argues that commercial finance law increasingly uses contract rules to displace property rules, especially as these rules pertain to verifying and measuring property interests. In this context, verification simply means confirming the existence of a property interest, such as a lien or security interest. Measurement means determining the relationships of various property interests to one another (i.e., the priority of interests).
Historically, commercial finance law – in particular the Uniform Commercial Code, which governs loans secured by personal property – provided that something would be treated as “property” only if its property character was fairly easy to discover. …
The Reliance Interest In Insolvency Law: A Response To Harris And Mooney, Edward J. Janger
The Reliance Interest In Insolvency Law: A Response To Harris And Mooney, Edward J. Janger
Faculty Scholarship
No abstract provided.
The Death Of Secured Lending, Edward J. Janger
The Death Of Secured Lending, Edward J. Janger
Faculty Scholarship
No abstract provided.
The Death Of Secured Lending, Edward J. Janger
The Death Of Secured Lending, Edward J. Janger
Faculty Scholarship
No abstract provided.
Abandonments In Bankruptcy: Unifying Competing Tax And Bankruptcy Policies, Michelle A. Cecil
Abandonments In Bankruptcy: Unifying Competing Tax And Bankruptcy Policies, Michelle A. Cecil
Faculty Publications
This Article attempts to resolve one such issue: the tax consequences of property abandonments by the bankruptcy trustee.
The Many Faces Of Chapter 11: A Reply To Professor Baird, A. Mechele Dickerson
The Many Faces Of Chapter 11: A Reply To Professor Baird, A. Mechele Dickerson
Faculty Publications
No abstract provided.
A Team Production Theory Of Bankruptcy Reorganization, Lynn M. Lopucki
A Team Production Theory Of Bankruptcy Reorganization, Lynn M. Lopucki
Vanderbilt Law Review
In the year before United Airlines filed for bankruptcy reorganization, the firm lost $3.2 billion. Fierce competition in the airline industry prevents United from stemming its losses solely through increases in revenues. Costs will have to be cut. The necessary expense reductions could come from reductions in employee pay and benefits, reductions in the amounts owing to creditors (which reduce interest expense), or both. Which should it be? United's situation is complicated by the fact that its employees own 55 percent of its stock and that their wage levels are protected by a collective bargaining agreement. But if we assume …
The A.H. Robins Bankruptcy, Jeb Gerth, Ed Meade, Ryan Russell
The A.H. Robins Bankruptcy, Jeb Gerth, Ed Meade, Ryan Russell
Chapter 11 Bankruptcy Case Studies
No abstract provided.
Debts, Divorce And Disarray In Bankruptcy, Margaret M. Mahoney
Debts, Divorce And Disarray In Bankruptcy, Margaret M. Mahoney
ExpressO
The article addresses a point of intersection between federal bankruptcy law and state family law. Specifically, I deal with the various issues that arise when a former spouse to whom pre-existing marital debts were allocated at the time of divorce subsequently declares bankruptcy. A review of the legal literature reveals very little attention paid to the rights of the third-party marital creditor, the obligated spouse, and the other former spouse as to allocated debts, when the obligated spouse declares bankruptcy. While there is a significant body of work dealing generally with the treatment of divorce-related debts in bankruptcy, none of …
Corporate Cancellation Of Indebtedness Income And The Debt-Equity Distinction, Katherine Pratt
Corporate Cancellation Of Indebtedness Income And The Debt-Equity Distinction, Katherine Pratt
ExpressO
This Article considers whether a corporation should have cancellation of indebtedness income (COD income) when it issues new stock or debt in exchange for its outstanding debt. It challenges the conventional wisdom about our current tax treatment of these exchanges and suggests alternative approaches. It also stresses the relationship between the COD income rules and the corporate interest deduction rules, and highlights the error correction function of the COD income rules. The current COD income rules applicable in debt-for-debt and stock-for-debt exchanges were enacted without regard for certain economic incentives they create. Consideration of these economic incentives may warrant a …
Contracting Out Of Bankruptcy: An Empirical Intervention, Jay L. Westbrook, Elizabeth Warren
Contracting Out Of Bankruptcy: An Empirical Intervention, Jay L. Westbrook, Elizabeth Warren
ExpressO
No abstract provided.
The Role Of History And Culture In Developing Bankruptcy And Insolvency Systems, Nathalie Martin
The Role Of History And Culture In Developing Bankruptcy And Insolvency Systems, Nathalie Martin
ExpressO
No abstract provided.
Credible Coercion, Oren Bar-Gill, Omri Ben-Shahar
Credible Coercion, Oren Bar-Gill, Omri Ben-Shahar
Law & Economics Working Papers Archive: 2003-2009
The ideal of individual liberty and autonomy requires that society provide relief against coercion. In the law, this requirement is often translated into rules that operate “post-coercion” to undo the legal consequences of acts and promises extracted under duress. This Article argues that these ex-post anti-duress measures, rather than helping the coerced party, might in fact hurt her. When coercion is credible—when a credible threat to inflict an even worse outcome underlies the surrender of the coerced party—ex post relief will only induce the strong party to execute the threatened outcome, to the detriment of the coerced party. Anti-duress relief …
Proprietary Relief Without Rescission, Hang Wu Tang
Proprietary Relief Without Rescission, Hang Wu Tang
Research Collection Yong Pung How School Of Law
The decision of the Court of Appeal in Halley v. The Law Society [2003] EWCA Civ 97 has the potential to muddy the waters of the law of rescission. It is a fundamental principle that a fraudulent misrepresentation renders a contract voidable at the instance of the representee (Bristol and West Building Society v. Mothew [1998] Ch. 1, 22). Modern authorities suggest that the representee does not have any proprietary interest in property transferred by him pursuant to the contract before rescission (see Bristol and West Building Society v. Mothew [1998] Ch. 1, 22-23; Twinsectra Ltd. v. Yardley [1999] Lloyd's …