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Unstayed Non-Default State Judgments And The Bona Fide Dispute Language, William Burton
Unstayed Non-Default State Judgments And The Bona Fide Dispute Language, William Burton
Bocconi Legal Papers
This Note begins by discussing involuntary bankruptcy generally, the 1984 amendment made to the code affecting this issue, the relative legislative history, and the development of a definition for bona fide dispute. Second, both approaches for dealing with unstayed non-default state judgments as they relate to the requirements of involuntary bankruptcy will be examined. Third, this Note investigates the persuasiveness and negativities behind both approaches. Finally, in an attempt to resolve the ambiguity and solidify Delaware and Pennsylvania courts and the Circuits courts themselves, a suggestion will be made that the Third Circuit, and eventually the Supreme Court, adopt the …
Why Venture Capital Will Not Be Crowded Out By Crowdfunding, Ryan Kantor
Why Venture Capital Will Not Be Crowded Out By Crowdfunding, Ryan Kantor
Bocconi Legal Papers
As the recovery period from one of the worst recessions in our history continues on, life for the fledgling and even, often times, experienced entrepreneur has been tough. Indeed, President Obama remarked “[c]redit’s been tight, and no matter how good their ideas are, if an entrepreneur can’t get a loan from a bank or backing from investors, it’s always impossible to get their businesses off the ground.” In response to this ever-present need for business funding, and in an attempt to stimulate the economy and job growth, Obama signed the Jumpstart Our Business Startups Act (“JOBS Act”) into law on …
Pari Passu To Gunboats: Nml V. Argentina, Vassilis Paliouras
Pari Passu To Gunboats: Nml V. Argentina, Vassilis Paliouras
Bocconi Legal Papers
This article provides a detailed overview of the latest litigation saga before the courts of the state of New York between NML Capital, a distressed debt hedge fund owned by Elliott Management Corporation, and Argentina. The two of them arguably constitute the most aggressive players in the area of sovereign debt, and it comes with no surprise that much of the relative law has been framed by disputes to which, either one or both of them, were parties. At the heart of the present dispute was the interpretation of the pari passu (originally meaning “on equal step/footing”) clause that was …