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Full-Text Articles in Law
Dirty Dancing: Is The Texas Two-Step A Bad Faith Filing?, Katharine H. O'Neill
Dirty Dancing: Is The Texas Two-Step A Bad Faith Filing?, Katharine H. O'Neill
Fordham Law Review
The Texas Two-Step is both a style of line dancing and a legal maneuver used by several large, profitable companies to enable a newly created entity to access the bankruptcy system and, thus, discharge the tort liabilities of its predecessor. This type of filing has been criticized by some as a tool used by healthy companies to evade responsibility for their tortious conduct and lauded by others as an efficient means to achieve a global resolution of crushing mass tort liability. Whether Texas Two-Step filings may properly access the bankruptcy courts is a question governed by § 1112(b) of the …
Harsh Creditor Remedies And The Role Of The Redeemer, Christopher D. Hampson
Harsh Creditor Remedies And The Role Of The Redeemer, Christopher D. Hampson
Fordham Law Review
The concept of the judgment-proof or collection-proof debtor is fundamental to our understanding of civil law and of what distinguishes it from criminal law. But when civil creditors can threaten unduly harsh or cruel debt collection measures (whether legally or not), they extend their reach into the pockets of those whom this Article calls “redeemers,” third parties with a familial or quasi-familial relationship to civil debtors who have reason to pay on their behalf. This Article examines four such measures—imprisonment, homelessness, destitution, and deportation—remedies that sound like they come from another time and place, but which are threatened by some …