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Full-Text Articles in Law
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.
Why (Consumer) Bankruptcy?, Richard M. Hynes
Why (Consumer) Bankruptcy?, Richard M. Hynes
Faculty Publications
No abstract provided.
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 …
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.
Non-Procrustean Bankruptcy, Richard M. Hynes
Non-Procrustean Bankruptcy, Richard M. Hynes
Faculty Publications
Many advocates of bankruptcy reform bristle at aspects of the bankruptcy system they find distributively "unfair." These scholars point to the instances in which wealthy debtors have been able to retain million-dollar homes and luxury items, examples which at first glance might offend any reasonable sense of decency or fairness. Yet if bankruptcy provides insurance otherwise unavailable because of market failures, then an ideal bankruptcy system would embrace much of this inequality in post-bankruptcy standards of living. The wealthy generally choose private contracts that ensure their high standards of living. Though others envy these benefits, they do not wish to …
The Political Economy Of Property Exemption Laws, Richard M. Hynes, Anup Malani, Eric A. Posner
The Political Economy Of Property Exemption Laws, Richard M. Hynes, Anup Malani, Eric A. Posner
Faculty Publications
Exemption laws enable people who default on loans to protect certain assets from liquidation. Every state has its own set of exemption laws, and they vary widely. The 1978 federal bankruptcy law contains a set of national exemptions, which debtors in bankruptcy are permitted to use instead of their state's exemptions unless the state has formally "opted out" of the federal system. We contend that states' decisions to opt out shed light on their exemption levels. We find that states are more likely to opt out if their state exemption is lower than the federal exemption and that states are …
Overoptimism And Overborrowing, Richard M. Hynes
Overoptimism And Overborrowing, Richard M. Hynes
Faculty Publications
No abstract provided.