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The Rise And Fall Of Fear Of Abuse In Consumer Bankruptcy: Most Recent Comparative Evidence From Europe And Beyond, 96 Tex. L. Rev. 1327 (2018), Jason Kilborn Jan 2018

The Rise And Fall Of Fear Of Abuse In Consumer Bankruptcy: Most Recent Comparative Evidence From Europe And Beyond, 96 Tex. L. Rev. 1327 (2018), Jason Kilborn

UIC Law Open Access Faculty Scholarship

Prepared for a symposium celebrating the groundbreaking career of Jay Westbrook, this Article examines recent evidence of fear of abuse of the benefits of consumer bankruptcy and the gradual abatement of that fear in modern consumer insolvency law reform. It marshals evidence of a recent and accelerating retreat in both the judicial discretion that Westbrook attributed to lawmakers' fear of abuse and other more direct techniques to avoid abusive recourse to consumer discharge. Fear of abuse appears to be diminishing with accumulated experience as indicated by recent liberalizing reforms in Denmark, Slovakia, Poland, Austria, Russia, and Romania. At the same …


Treating The New European Disease Of Consumer Debt In A Post-Communist State: The Groundbreaking New Russian Personal Insolvency Law, 41 Brook. J. Int'l L. 655 (2016), Jason J. Kilborn Jan 2016

Treating The New European Disease Of Consumer Debt In A Post-Communist State: The Groundbreaking New Russian Personal Insolvency Law, 41 Brook. J. Int'l L. 655 (2016), Jason J. Kilborn

UIC Law Open Access Faculty Scholarship

This article examines the tumultuous transition from restrictive Communism to the debt-fueled consumer economy of modern Russia. In particular, it surveys Russia’s legal response to severe debt distress, situating it in the context of nearly one thousand years of historical development. Effective 1 October 2015, Russia finally joined most of its European neighbors in adopting a personal bankruptcy law, with characteristics that reflect both evolving international best practices and a series of lessons not learned. This article offers the first detailed exposition in English of the two steps forward represented by this new law, as well as an evaluation of …


Reflections Of The World Bank’S Report On The Treatment Of The Insolvency Of Natural Persons In The Newest Consumer Bankruptcy Laws: Colombia, Italy, Ireland, 27 Pace Int'l L. Rev. 306 (2015), Jason J. Kilborn Jan 2015

Reflections Of The World Bank’S Report On The Treatment Of The Insolvency Of Natural Persons In The Newest Consumer Bankruptcy Laws: Colombia, Italy, Ireland, 27 Pace Int'l L. Rev. 306 (2015), Jason J. Kilborn

UIC Law Open Access Faculty Scholarship

No abstract provided.


Pensions Or Paintings?: The Detroit Institute Of Arts From Bankruptcy To Grand Bargain, 24 U. Miami Bus. L. Rev. 1 (2015), Maureen Collins Jan 2015

Pensions Or Paintings?: The Detroit Institute Of Arts From Bankruptcy To Grand Bargain, 24 U. Miami Bus. L. Rev. 1 (2015), Maureen Collins

UIC Law Open Access Faculty Scholarship

This article examines the issues faced by the City of Detroit and the Detroit Institute of Arts when Detroit filed for municipal bankruptcy. Creditors called for the sale of the highly esteemed DIA art collection to pay outstanding municipal pension obligations. The DIA and the Michigan Attorney General viewed the collection not as an asset, but as a charitable public trust. Simply put, the City faced the question of what mattered most – pensions or paintings? Along the way, the parties and courts struggled with valuation of the art collection, a history of judicial decisions and lawmaking regarding charitable trusts …


"Deemed" Security Interests In Ucc Article 9: Avoiding Traps For The Unwary, 14 Depaul Bus. & Com. L.J. 79 (2015), Paul T. Wangerin Jan 2015

"Deemed" Security Interests In Ucc Article 9: Avoiding Traps For The Unwary, 14 Depaul Bus. & Com. L.J. 79 (2015), Paul T. Wangerin

UIC Law Open Access Faculty Scholarship

Uniform Commercial Code (“UCC”) Section 1-201(35) provides in its detailed definition of security interests that “security interest” means “an interest in personal property or fixtures which secures payment or performance of an obligation.” Other parts of the UCC demonstrate that two relatively distinct kinds of security interests exist. First, the UCC notes that parties to transactions can create security interests by executing “security agreements.” For convenience sake, the security interests created by security agreements can be called “conventional” or “agreed upon” security interests. Second, various sections of the UCC describe security interests that come into existence by operation of law …


Still Chasing Chimeras But Finally Slaying Some Dragons In The Quest For Consumer Bankruptcy Reform, 25 Loy. Consumer L. Rev. 1 (2012), Jason Kilborn Jan 2012

Still Chasing Chimeras But Finally Slaying Some Dragons In The Quest For Consumer Bankruptcy Reform, 25 Loy. Consumer L. Rev. 1 (2012), Jason Kilborn

UIC Law Open Access Faculty Scholarship

Consumer bankruptcy systems in Europe and the United States have witnessed especially robust and dynamic development during the past decade. The ever-rising volume of seeking entry to these systems now allows for cross-systemic comparisons of substantially differing “markets” for the relief that these systems offer. In particular, the distinct trend toward greater efficiency seen in other financial markets can be increasingly observed in most consumer bankruptcy regimes, with some notable exceptions. In this context, market performance can be gauged in part by the degree to which systems offer efficient and effective relief as a stimulus to deploying available debtor resources …


Business Insolvency And The Irish Debt Crisis, 11 Rich. J. Global L. & Bus. 407 (2012), Paul B. Lewis Jan 2012

Business Insolvency And The Irish Debt Crisis, 11 Rich. J. Global L. & Bus. 407 (2012), Paul B. Lewis

UIC Law Open Access Faculty Scholarship

Among the volume of material written about the Irish debt crisis and its impact over the past few years, strikingly little has been written about the ability to save a financially distressed company under Irish law and whether corporate restructuring could have mitigated some of the financial damage to Irish companies, particularly those in the property and construction industries. There is a reason for this. The number of filings under the Examinership law - the rough equivalent of Chapter 11 in the United States - remained small and relatively constant during both the recent boom and the more immediate bust …


Comparative Cause And Effect: Consumer Insolvency And The Eroding Social Safety Net, 14 Colum. J. Eur. L. 563 (2008), Jason Kilborn Jan 2008

Comparative Cause And Effect: Consumer Insolvency And The Eroding Social Safety Net, 14 Colum. J. Eur. L. 563 (2008), Jason Kilborn

UIC Law Open Access Faculty Scholarship

This paper explores the connection between social welfare reform and the adoption of consumer debt relief law in Europe. Health care expenses and unemployment are significant contributors to overindebtedness in Europe, and outside the primary sources, one finds suggestions to the effect that the unraveling social safety net was a major contributing factor in the adoption of consumer debt relief laws in Europe in the 1990s. This paper critically analyzes this notion by tracking the recent scaling back of social assistance programs in Sweden, Germany, and France, and comparing that movement with the adoption of consumer insolvency regimes in those …


An Empirical Economic Analysis Of The 2005 Bankruptcy Reforms, 24 Emory Bankr. Dev. J. 327 (2008), Thomas Evans, Paul B. Lewis Jan 2008

An Empirical Economic Analysis Of The 2005 Bankruptcy Reforms, 24 Emory Bankr. Dev. J. 327 (2008), Thomas Evans, Paul B. Lewis

UIC Law Open Access Faculty Scholarship

No abstract provided.


The Hidden Life Of Consumer Bankruptcy Reform: Danger Signs For The New U.S. Law From Unexpected Parallels In The Netherlands, 39 Vand. J. Transnat'l L. 77 (2006), Jason Kilborn Jan 2006

The Hidden Life Of Consumer Bankruptcy Reform: Danger Signs For The New U.S. Law From Unexpected Parallels In The Netherlands, 39 Vand. J. Transnat'l L. 77 (2006), Jason Kilborn

UIC Law Open Access Faculty Scholarship

This Article offers a unique perspective on the heavily revised U.S. consumer bankruptcy law, which went effect on October 17, 2005, in light of a surprising discovery: It turns out that the U.S. consumer bankruptcy system as "reformed" resembles in many critical respects the consumer bankruptcy system in place for the past six years in the Netherlands. As a result of this serendipitous U.S.-Dutch convergence, years of experience under the Dutch consumer debt relief system can provide a rare glimpse into the future of the new U.S. system. The Dutch law in practice has diverged in significant ways from legislative …


Continuity, Change And Innovation In Emerging Consumer Bankruptcy Systems: Belgium And Luxembourg, 14 Am. Bankr. Inst. L. Rev. 69 (2006), Jason Kilborn Jan 2006

Continuity, Change And Innovation In Emerging Consumer Bankruptcy Systems: Belgium And Luxembourg, 14 Am. Bankr. Inst. L. Rev. 69 (2006), Jason Kilborn

UIC Law Open Access Faculty Scholarship

No abstract provided.


Behavioral Economics, Overindebtedness & Comparative Consumer Bankruptcy: Searching For Causes And Evaluating Solutions, 22 Emory Bankr. Dev. J. 13 (2005), Jason Kilborn Jan 2005

Behavioral Economics, Overindebtedness & Comparative Consumer Bankruptcy: Searching For Causes And Evaluating Solutions, 22 Emory Bankr. Dev. J. 13 (2005), Jason Kilborn

UIC Law Open Access Faculty Scholarship

No abstract provided.


La Responsabilisation De L'Economie: What The United States Can Learn From The New French Law On Consumer Overindebtedness, 26 Mich. J. Int'l L. 619 (2005), Jason Kilborn Jan 2005

La Responsabilisation De L'Economie: What The United States Can Learn From The New French Law On Consumer Overindebtedness, 26 Mich. J. Int'l L. 619 (2005), Jason Kilborn

UIC Law Open Access Faculty Scholarship

No abstract provided.


The Innovative German Approach To Consumer Debt Relief: Revolutionary Changes In German Law, And Surprising Lessons For The United States, 24 Nw. J. Int'l L. & Bus. 257 (2004), Jason Kilborn Jan 2004

The Innovative German Approach To Consumer Debt Relief: Revolutionary Changes In German Law, And Surprising Lessons For The United States, 24 Nw. J. Int'l L. & Bus. 257 (2004), Jason Kilborn

UIC Law Open Access Faculty Scholarship

No abstract provided.


Mercy, Rehabilitation, And Quid Pro Quo: A Radical Reassessment Of Individual Bankruptcy, 64 Ohio St. L.J. 855 (2003), Jason Kilborn Jan 2003

Mercy, Rehabilitation, And Quid Pro Quo: A Radical Reassessment Of Individual Bankruptcy, 64 Ohio St. L.J. 855 (2003), Jason Kilborn

UIC Law Open Access Faculty Scholarship

Chapter 7 "straight" bankruptcy discharge is a radical policy that has outlived its usefulness. This policy grants most individual debtors complete discharge of indebtedness from their creditors for little more than a filing fee. This article argues that straight bankruptcy should be abolished. In its place, individuals seeking debt relief should be required by statute to participate in a wage assignment plan for a limited period. In support of this argument the article challenges the three rationales for the validity of straight bankruptcy discharge: (1) the creditor-protection or "collection" rationale,; (2) the "mercy" rationale; and (3) the "rehabilitation" rationale. When …


Can't Pay Your Debts, Mate? A Comparison Of The Australian And American Personal Bankruptcy Systems, 18 Bankr. Dev. J. 297 (2002), Paul B. Lewis Jan 2002

Can't Pay Your Debts, Mate? A Comparison Of The Australian And American Personal Bankruptcy Systems, 18 Bankr. Dev. J. 297 (2002), Paul B. Lewis

UIC Law Open Access Faculty Scholarship

No abstract provided.


Trouble Down Under: Some Thoughts On The Australian-American Corporate Bankruptcy Divide, 2001 Utah L. Rev. 189 (2001), Paul B. Lewis Jan 2001

Trouble Down Under: Some Thoughts On The Australian-American Corporate Bankruptcy Divide, 2001 Utah L. Rev. 189 (2001), Paul B. Lewis

UIC Law Open Access Faculty Scholarship

No abstract provided.


Thou Canst Not Fly High With Borrowed Wings: Airline Finance And Bankruptcy Code Section 1110, 8 Geo. Mason L. Rev. 41 (1999), Jason Kilborn Jan 1999

Thou Canst Not Fly High With Borrowed Wings: Airline Finance And Bankruptcy Code Section 1110, 8 Geo. Mason L. Rev. 41 (1999), Jason Kilborn

UIC Law Open Access Faculty Scholarship

No abstract provided.


Bankruptcy Thermodynamics, 50 Fla. L. Rev. 329 (1998), Paul B. Lewis Jan 1998

Bankruptcy Thermodynamics, 50 Fla. L. Rev. 329 (1998), Paul B. Lewis

UIC Law Open Access Faculty Scholarship

No abstract provided.