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Internet Law For The Business Lawyer, Juliet Moringiello
Internet Law For The Business Lawyer, Juliet Moringiello
Juliet M Moringiello
No abstract provided.
(Mis)Use Of State Law In Bankruptcy: The Hanging Paragraph Story, Juliet Moringiello
(Mis)Use Of State Law In Bankruptcy: The Hanging Paragraph Story, Juliet Moringiello
Juliet M Moringiello
This article addresses the use of state law in bankruptcy in the context of the controversial “hanging paragraph” of the Bankruptcy Code, which was added to the Code by the 2005 amendments. The hanging paragraph appears to grant undersecured car lenders full payment in Chapter 13 bankruptcy cases, treatment that gives such lenders better treatment than other secured lenders. The provision is particularly controversial when applied to negative equity financing. Negative equity financing is provided by lenders when a car buyer offers a trade-in vehicle that is worth less than the outstanding loan that it secures. When a lender makes …