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Full-Text Articles in Law
The Terrible TousaS: Opinions Test The Patience Of Corporate Lending Practices, Jessica D. Gabel
The Terrible TousaS: Opinions Test The Patience Of Corporate Lending Practices, Jessica D. Gabel
Faculty Publications By Year
Two diametrically opposed decisions pit creditors against debtors. The case of troubled homebuilder TOUSA has generated shockwaves through the lending industry. Set against the backdrop of the housing collapse and risky lending, the bankruptcy court’s decision left secured creditors with a mixture of shock, anger, and worry over the repercussions. In that opinion, the bankruptcy court unwound a nearly $1 billion transaction of liens and loan proceeds, on grounds that the transactions drove the debtor company into the ground. In other words, the court found that a fraudulent transfer had occurred. Not surprisingly, the lenders appealed and the next decision …
Midnight In The Garden Of Good Faith: Using Clawback Actions To Harvest The Equitable Roots Of Bankrupt Ponzi Schemes, Jessica D. Gabel
Midnight In The Garden Of Good Faith: Using Clawback Actions To Harvest The Equitable Roots Of Bankrupt Ponzi Schemes, Jessica D. Gabel
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This paper addresses an increasingly relevant issue in bankruptcy – does it make sense to protect “good faith” investors who have invested (some quite profitably) in a Ponzi scheme from clawback actions by the trustee? This article presents issues of economic equity (equitable payouts to individual creditors vs. equitable distribution among all creditors); bankruptcy policy (retaining antiquated notions of good faith in an ever-evolving financial playground); and judicial inconsistency (disparities in the treatment on Ponzi investors). * In the aftermath of the financial crisis, investors have attempted to pull their money back from the markets, collapsing hundreds of Ponzi schemes …
National Bankruptcy Review Commission Tax Recommendations: Notice, Jurisdiction, And Corporate Debtors, Jack F. Williams
National Bankruptcy Review Commission Tax Recommendations: Notice, Jurisdiction, And Corporate Debtors, Jack F. Williams
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Pursuant to congressional mandate, the National Bankruptcy Review Commission (NBRC) reported its recommendations for modification of the Bankruptcy Reform Act of 1978, as amended (the Bankruptcy Code), to the President, Congress, and Chief Justice of the Supreme Court on October 20, 1997. This Article, the second and final installment analyzing the tax recommendations of the NBRC, focuses on the proposed revisions relating to, among other things, taxation of corporate and partnership debtor estates. In particular, this Article discusses the requirement of reasonable notice to the government, bankruptcy court jurisdiction over tax controversies, bankruptcy administration affecting tax matters, chapter 11 plan …
National Bankruptcy Review Commission Tax Recommendations: Individual Debtors, Discharge, And Priority Of Claims, Jack F. Williams
National Bankruptcy Review Commission Tax Recommendations: Individual Debtors, Discharge, And Priority Of Claims, Jack F. Williams
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No abstract provided.
The Tax Consequences Of Abandonment Under The Bankruptcy Code, Jack F. Williams
The Tax Consequences Of Abandonment Under The Bankruptcy Code, Jack F. Williams
Faculty Publications By Year
No abstract provided.
Application Of The Cash Collateral Paradigm To The Preservation Of The Right To Setoff In Bankruptcy, Jack F. Williams
Application Of The Cash Collateral Paradigm To The Preservation Of The Right To Setoff In Bankruptcy, Jack F. Williams
Faculty Publications By Year
No abstract provided.
The Bankruptcy Reform Process: Maximizing Judicial Control In Wage Earners' Plans, Marjorie L. Girth
The Bankruptcy Reform Process: Maximizing Judicial Control In Wage Earners' Plans, Marjorie L. Girth
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No abstract provided.
Prospects For Structural Reform Of The Bankruptcy System, Marjorie L. Girth
Prospects For Structural Reform Of The Bankruptcy System, Marjorie L. Girth
Faculty Publications By Year
No abstract provided.