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Articles 1 - 30 of 68
Full-Text Articles in Law
The “P” Isn’T For Privacy: The Conflict Between Bankruptcy Rules And Hipaa Compliance, Sophie R. Rogers Churchill
The “P” Isn’T For Privacy: The Conflict Between Bankruptcy Rules And Hipaa Compliance, Sophie R. Rogers Churchill
Washington and Lee Law Review
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) included a now-ubiquitous provision designed to protect the privacy of patients’ protected health information. The provision prohibits covered entities, including health care providers and their agents, from disclosing any demographic information that may identify a patient and that relates to that patient’s medical care. The provision is broad and can include such simple information as which doctor a patient consults or the date of a patient’s consultation with a physician.
Unfortunately, such protections become impracticable in the bankruptcy setting. When a health care provider files bankruptcy, it files a host …
Ending Litigation And Financial Windfalls On Time-Barred Debts, Marc C. Mcallister
Ending Litigation And Financial Windfalls On Time-Barred Debts, Marc C. Mcallister
Washington and Lee Law Review
A trap for unsophisticated debtors, debt collectors often attempt to collect time-barred debts through written offers to settle those debts for a fraction of what is owed. Debtors typically respond to such offers in one of four ways. First, some debtors simply pay the offered settlement amount, usually 10%–40% of the total outstanding debt, thereby satisfying the debt in full. Second, those who wish to eliminate the debt but cannot pay the entire offered settlement amount will instead make a small payment, unwittingly reviving the statute of limitations on collections and making the entire debt judicially enforceable for several years …
The Federal Law Of Property: The Case Of Inheritance Disclaimers And Tenancy By The Entireties, David Gray Carlson
The Federal Law Of Property: The Case Of Inheritance Disclaimers And Tenancy By The Entireties, David Gray Carlson
Washington and Lee Law Review
No abstract provided.
Tools Of Ignorance: An Appraisal Of Deficiency Judgments, Alan M. Weinberger
Tools Of Ignorance: An Appraisal Of Deficiency Judgments, Alan M. Weinberger
Washington and Lee Law Review
While achieving success as a major league catcher, Mike Matheny was preparing for a post-baseball career in real estate development. He could not have picked a worse time to pursue his aspiration. Matheny lost his accumulated savings and his family’s home after being held personally liable for a $4.2 million deficiency judgment following foreclosure of property he was unable to develop or market during the Great Recession. Matheny’s failure to succeed in real estate was the proximate cause of his return to baseball as manager of the St. Louis Cardinals.
Matheny’s story provides the backdrop for examining the methods by …
Municipal Bonds In Bankruptcy § 902(2) And The Proper Scope Of “Special Revenues” In Chapter 9, Alexander D. Flachsbart
Municipal Bonds In Bankruptcy § 902(2) And The Proper Scope Of “Special Revenues” In Chapter 9, Alexander D. Flachsbart
Washington and Lee Law Review
No abstract provided.
The Bankruptcy-Law Safe Harbor For Derivatives: A Path-Dependence Analysis, Steven L. Schwarcz, Ori Sharon
The Bankruptcy-Law Safe Harbor For Derivatives: A Path-Dependence Analysis, Steven L. Schwarcz, Ori Sharon
Washington and Lee Law Review
U.S. bankruptcy law grants special rights and immunities to creditors in derivatives transactions, including virtually unlimited enforcement rights. This Article argues that these rights and immunities result from a form of path dependence, a sequence of industry-lobbied legislative step s, each incremental and in turn serving as apparent justification for the next step, without a rigorous and systematic vetting of the consequences. Because the resulting “safe harbor” has not been fully vetted, its significance and utility should not be taken for granted; thus, regulators, legislators, and other policymakers—whether in the United States or abroad—should not automatically assume, based on its …
Goals And Governance In Municipal Bankruptcy, Juliet M. Moringiello
Goals And Governance In Municipal Bankruptcy, Juliet M. Moringiello
Washington and Lee Law Review
The years from 2011 to 2013 were remarkable in municipal bankruptcy terms. During those years, several cities and counties took the rare step of filing for bankruptcy under Chapter 9 of the Bankruptcy Code. When Detroit filed for bankruptcy in July 2013, it became the largest city measured by both population and outstanding debt to file for Chapter 9. The recent filings challenge the conventional wisdom that Chapter 9 is poorly tailored to the rehabilitation needs of larger cities and counties. Those who have written about Chapter 9 in the past twenty years have treated Chapter 9 and state intervention …
Hoa Fees: A Bapcpa Death-Trap, Brandt H. Stitzer
Hoa Fees: A Bapcpa Death-Trap, Brandt H. Stitzer
Washington and Lee Law Review
No abstract provided.
The Damage Of Debt, Katherine Porter
The Damage Of Debt, Katherine Porter
Washington and Lee Law Review
No abstract provided.
Proprietary Remedies In Insolvency: A Comparison Of The Restatement (Third) Of Restitution & Unjust Enrichment With English And Commonwealth Law, Anthony Duggan
Proprietary Remedies In Insolvency: A Comparison Of The Restatement (Third) Of Restitution & Unjust Enrichment With English And Commonwealth Law, Anthony Duggan
Washington and Lee Law Review
This Article deals with proprietary remedies, in particular the constructive trust, and their application in the defendant’s bankruptcy. The Article offers a comparative analysis of English and Commonwealth law with the relevant parts of the recently completed Restatement (Third) of Restitution & Unjust Enrichment. The discussion is organized around five simple hypotheticals, each representing issues which courts in England and other parts of the Commonwealth have found particularly troubling: mistaken payments; misrepresentation in the context of land dealings; misrepresentation in other contexts; breach of fiduciary obligation; and specific performance. The aim is to identify the likely outcome in each case …
Reconceptualizing Present-Value Analysis In Consumer Bankruptcy, Rafael I. Pardo
Reconceptualizing Present-Value Analysis In Consumer Bankruptcy, Rafael I. Pardo
Washington and Lee Law Review
During the three decades following the enactment of the Bankruptcy Code, courts and commentators have been vexed by the problem of determining the present value of future payments to creditors proposed in a debtor’s repayment plan. The issue central to this problem has been the discount rate to be applied when conducting present-value analysis. While the Code unmistakably requires the discounting of future payments as part of the process for confirming a repayment plan, the Code does not explicitly specify the rate itself or the manner in which the rate should be calculated. No uniform rule of decision has emerged …
Why Banks Are Not Allowed In Bankruptcy, Richard M. Hynes, Steven D. Walt
Why Banks Are Not Allowed In Bankruptcy, Richard M. Hynes, Steven D. Walt
Washington and Lee Law Review
Unlike most other countries, the United States uses different Procedures to resolve insolvent banks and nonbank firms. The Bankruptcy Code divides control over nonbank firms among the various claimants, and a judge supervises the resolution process. By contrast, the FDIC acts as the receiver for an insolvent bank and has almost complete con trol. Other claimants can sue the FDIC, but they cannot obtain injunctive relief and their damages are limited to the amount that they would have received in liquidation. The FDIC has acted as the receiver of insolvent banks since the Great Depression, and the concentration of power …
Scary Stories And The Limited Liability Polluter In Chapter 11 Polluter In Chapter 11, Anne M. Lawton, Lynda J. Oswald
Scary Stories And The Limited Liability Polluter In Chapter 11 Polluter In Chapter 11, Anne M. Lawton, Lynda J. Oswald
Washington and Lee Law Review
Legal commentators, policy-makers, and the media argue that the current structures of environmental, bankruptcy, and corporate law permit firms to strategically use bankruptcy to inappropriately displace hundreds of millions of dollars of environmental liability onto taxpayers. However, the proposed solution to this supposed problem-reforming bankruptcy, environmental, and/or corporate law-is draconian, and may cause dramatic and unintended consequences. Moreover, these demands for reform are occurring in a complete absence of data about whether and to what extent inappropriate strategic use of bankruptcy in this manner actually occurs. We conducted an empirical analysis of Chapter 11 bankruptcies filed in 2004 and closed …
Kmart And Beyond: A "Critical" Look At Critical Vendor Orders And The Doctrine Of Necessity , Travis N. Turner
Kmart And Beyond: A "Critical" Look At Critical Vendor Orders And The Doctrine Of Necessity , Travis N. Turner
Washington and Lee Law Review
No abstract provided.
Critical Vendors: Line Breakers Par Excellence, Samuel W. Calhoun
Critical Vendors: Line Breakers Par Excellence, Samuel W. Calhoun
Washington and Lee Law Review
No abstract provided.
Institutions, Incentives, And Consumer Bankruptcy Reform, Todd J. Zywicki
Institutions, Incentives, And Consumer Bankruptcy Reform, Todd J. Zywicki
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.
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.
Race Matters In Bankruptcy, A. Mechele Dickerson
Race Matters In Bankruptcy, A. Mechele Dickerson
Washington and Lee Law Review
No abstract provided.
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 Clash Of Expectations: Debtors' Disclaimers Of Property In Advance Of Bankruptcy, Kevin A. White
A Clash Of Expectations: Debtors' Disclaimers Of Property In Advance Of Bankruptcy, Kevin A. White
Washington and Lee Law Review
No abstract provided.
Making Sense Out Of Bankruptcy Courts' Recharacterization Of Claims: Why Not Use § 510(C) Equitable Subordination?, Matthew Nozemack
Making Sense Out Of Bankruptcy Courts' Recharacterization Of Claims: Why Not Use § 510(C) Equitable Subordination?, Matthew Nozemack
Washington and Lee Law Review
No abstract provided.
Real Property In Bankruptcy: Some Special Considerations, G. Stanley Joslin
Real Property In Bankruptcy: Some Special Considerations, G. Stanley Joslin
Washington and Lee Law Review
No abstract provided.
Dewsnup V. Timm And Nobelman V. American Savings Bank: The Strip Down Of Liens In Chapter 12 And Chapter 13 Bankruptcies, William E. Callahan, Jr.
Dewsnup V. Timm And Nobelman V. American Savings Bank: The Strip Down Of Liens In Chapter 12 And Chapter 13 Bankruptcies, William E. Callahan, Jr.
Washington and Lee Law Review
No abstract provided.
Case Comments B. Bankruptcy Willis V. Celotex Corp
Case Comments B. Bankruptcy Willis V. Celotex Corp
Washington and Lee Law Review
No abstract provided.
The Perils Of Nationwide Service Of Process In A Bankruptcy Context, Jeffrey T. Ferriell
The Perils Of Nationwide Service Of Process In A Bankruptcy Context, Jeffrey T. Ferriell
Washington and Lee Law Review
No abstract provided.
Bankruptcy Policy: Toward A Moral Justification For Financial Rehabilitation Of The Consumer Debtor, Richard E. Flint
Bankruptcy Policy: Toward A Moral Justification For Financial Rehabilitation Of The Consumer Debtor, Richard E. Flint
Washington and Lee Law Review
No abstract provided.
Equipment Lessors And Secured Parties In Bankruptcy: An Argument For Coherence, Margaret Howard
Equipment Lessors And Secured Parties In Bankruptcy: An Argument For Coherence, Margaret Howard
Washington and Lee Law Review
No abstract provided.