Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Aid (1)
- Antitrust; consumer protection; Brandeis; neo-classical; Bork; fintech; automobiles; Uber; Amazon; merchant; seller; Torts; restatment of torts; political; economic; internet; european union; Reagan; Trump; authoritarian; democratizing; regulation; class-action; state class-action (1)
- Autoloans; Infrastructure; Car Loans; Debt; Bankruptcy; Fintech; Technology; Car Economy; Automation; paycheck-to-paycheck; Consumer Financial Protection Bureau; CFPB; COVID-19; repossession; kicking the trade; Uber; Lyft; Federal Trade Commission; FTC; Uber Xchange; Uber Car Financing; ZipCar; City of Chicago v. Fulton; Chapter 13; Outside Financial Auto Loan Markup Index; Consumer Protection; Credit Apps; Subscription Programs; Ride-sharing; starter interruption device; SID; Consumer Bankruptcy Project; CBP; Chapter 7; superdiscarge; nondischargeable; (1)
- Bankruptcy Law; International Law; Insolvency Law; UK; US; Rubin; HIH Casualty; Cambridge Gas; Lord Collins; Lord Hoffman; UNCITRAL; UNCITRAL Working Group V; Bankruptcy; Insolvency; Cross-Border Insolvency; UNCITRAL Model Law on Cross-Border Insolvency; MLCBI; ML-CBI; UNCITRAL Model Law of the Recognition and Enforcement of Insolvency-Related Judgments; MLIRJ; ML-IRJ; UK Supreme Court; Soft Law; Model Law; Universalism; Modified Universalism; Cooperative Territorialism; Territorialism; Comity; International Bankruptcy; International Insolvency; Transnational Bankruptcy; Transnational Insolvency; Dicey Rule; Dicey’s Rule; Recognition; Relief; Cooperation; Access; Insolvency Judgment; Insolvency Proceeding; Bankruptcy Proceeding (1)
- Consumer Reporting Agencies; CRA; circuit split; consumer; fraud; Federal Bureau of Investigation; Fair Credit Reporting Act; FCRA; credit reporting; debt collector; consumer report; identity theft; e-OSCAR; fraudent behavior; dispute resolution; Pennsylvania Higher Education Agency Services; PHEAA; Experian; Equifax; hacker; hacking; financing; credit; banking; Consumer Credit Reporting Reform Act of 1996; Automated Consumer Dispute Verification; ACDV; duty of care; cause of action; remedy; private information; Fair and Accurate Credit Transactions Act; FACTA; fraud alert; Consumer Financial Protection Bureau; CFPB; Cushman v. Trans Union Corp.; Brill v. Trans Union; Seventh Circuit; Third Circuit; jury; Henson v. CSC Credit Services; Blackwell v. Chex Systems; furnisher; consumer debt; creditor's tradelines; DeAndrade v. Trans Union LLC; Carvalho v. Equifax Information Services; Ninth Circuit; Bailey v. SCANA Energy Marketing; harmonization; harmonize; (1)
-
- Family Farmer Relief Act; bankruptcy; Chapter 12; farmer; debt limit; Small Business Reorganization Act; Subchapter V; liquidation; reorganization; Small Business Debtor Reorganization; Chapter 11; American Bankruptcy Institute; National Bankruptcy Conference; Bankruptcy Clause; debtor; creditor; borrower; lender; Bankruptcy Abuse Prevention and Consumer Protection Act; BAPCPA; trustee; absolute priority rule; creditor's committees; single asset real estate; secured; unsecured; Securities Exchange Act of 1934; Farm Bureau; National Farmers Union; American Bankers Association; Coronavirus (1)
- Pandemic; COVID-19; global; public health; economic and financial crisis; markets; corporations; directors' duty of care; fiduciary duty; small and medium-sized enterprises (SMEs); comparative law; board of directors; civil law; Anglo-American law; corporate governance; venture capital-backed firms; family business firms; United States; Delaware; United Kingdom; Germany; France; Italy; The Netherlands; Gross Domestic Product (GDP); European Union; shareholders; venture capital; capitalism (1)
- Relief and Economic Security Act; CARES Act (1)
- Publication
- Publication Type
Articles 1 - 9 of 9
Full-Text Articles in Law
Directors’ Duty Of Care In Times Of Financial Distress Following The Global Epidemic Crisis, Leon Yehuda Anidjar
Directors’ Duty Of Care In Times Of Financial Distress Following The Global Epidemic Crisis, Leon Yehuda Anidjar
Brooklyn Journal of International Law
The global COVID-19 pandemic is causing the large-scale end of life and severe human suffering globally. This massive public health crisis created a significant economic crisis and is reflected in a recession of global production and the collapse of confidence in the functions of markets. Corporations and boards of directors around the world are required to design specific strategies to tackle the negative consequences of the crisis. This is especially true for small and medium-sized enterprises (SMEs) that suffered tremendous economic loss, and their continued existence as ongoing concern is under considerable risk. Given these uncertain financial times, this Article …
Please Recognize Me: The United Kingdom Should Enact The Uncitral Model Lawon Recognition And Enforcement Of Insolvency-Related Judgments, John A. Churchill Jr.
Please Recognize Me: The United Kingdom Should Enact The Uncitral Model Lawon Recognition And Enforcement Of Insolvency-Related Judgments, John A. Churchill Jr.
Brooklyn Journal of International Law
Since 1995, the United Nations Commission on International Trade Law (UNCITRAL), has been developing tools to meet the challenges of having different insolvency laws managing a single cross-border insolvency. By 1997, UNCITRAL’s Working Group V completed the Model Law on Cross-Border Insolvency. By September 2020, the original model law has been adopted by 48 countries. In Rubin v. Eurofinance SA, the U.K. Supreme Court cited a lack of authority to recognize a U.S. insolvency-related judgment in the Model Law on Cross-Border Insolvency. As a result of this decision, UNCITRAL’s Working Group V developed the Model Law on Recognition and Enforcement …
Symposium: Consumer Welfare Market Structure And Political Power, Edward J. Janger
Symposium: Consumer Welfare Market Structure And Political Power, Edward J. Janger
Brooklyn Journal of Corporate, Financial & Commercial Law
Two competing visions dominate the fields of antitrust and consumer protection: neo-liberal and progressive. The neo-classical approach is associated with Robert Bork and the Law and Economics Movement. The progressive strand is older, identified with Brandeis and early 20th Century social reform. As a matter of chronology the Brandeisian view dominated into the 1970s, but from 1980, until recently, the Borkian law and economics approach has been in ascendancy in Congress, the academy, and in the courts. Technological change and events in the broader economy have caused the politics and the academic focus to shift. The financial crisis of 2008-09 …
Consumers' Declining Power In The Fintech Auto Loan Market, Pamela Foohey
Consumers' Declining Power In The Fintech Auto Loan Market, Pamela Foohey
Brooklyn Journal of Corporate, Financial & Commercial Law
Automobiles have become part of America’s infrastructure. For most people, having access to a car is crucial to their livelihoods and they will take on significant amounts of debt to purchase vehicles. Auto debt is unlike any other consumer debt, both in its structure, which allows creditors to easily seize collateral, and in its lack of regulation. The unique and lucrative nature of auto debt has not gone unnoticed by lenders or by companies leveraging fintech to offer people new ways to purchase cars and car loans. This Article assesses the evolving marketplace for auto sales, leasing, and loans to …
Door Shut And Ears Plugged: How Consumer Reporting Casts Identity Theft Victims Out Of Financial Society And How The Law Can Be Harmonized To Bring Them Back In, Ryan Bolger
Brooklyn Journal of Corporate, Financial & Commercial Law
Consumer Reporting Agencies (CRAs) are the gatekeepers to the American economy. As the chief informants for prospective lenders, landlords, and employers, they exert immense power over the day-to-day decisions of who gets what. Despite these high stakes, the CRAs run consumer reporting as an automated electronic process that causes a lot of reporting errors, disqualifying consumers from essential goods, services, and opportunities. This is painfully true in the context of identity theft, where perverse incentives pollute the integrity of consumer reporting, piling undue harm onto identity theft victims. The law provides a remedy for this problem, but circuit courts are …
The U.S. Small Business Bankruptcy Amendments: A Global Model For Reform?, Edward J. Janger
The U.S. Small Business Bankruptcy Amendments: A Global Model For Reform?, Edward J. Janger
Faculty Scholarship
No abstract provided.
Revising The Debt Limit For “Small Business Debtors”: The Legislative Half-Measure Of The Small Business Reorganization Act, Michael C. Blackmon
Revising The Debt Limit For “Small Business Debtors”: The Legislative Half-Measure Of The Small Business Reorganization Act, Michael C. Blackmon
Brooklyn Journal of Corporate, Financial & Commercial Law
Bankruptcy law changed drastically in 2019 with the passage of several bills. This Note will examine two of them. First, the Family Farmer Relief Act of 2019 raised the debt limit of the family farmer from $4,411,400 to $10,000,000. This enables more financially distressed family farmers to be eligible for Chapter 12 relief, a reorganizational tool designed for farmers. Second, the Small Business Reorganization Act of 2019 created Subchapter V – Small Business Debtor Reorganization in Chapter 11. This new Subchapter streamlined the reorganization process for small business debtors by removing roadblocks which often derail a reorganization of a small …
Value Tracing And Priority In Cross-Border Group Bankruptcies: Solving The Nortel Problem From The Bottom Up, Edward Janger, Stephan Madaus
Value Tracing And Priority In Cross-Border Group Bankruptcies: Solving The Nortel Problem From The Bottom Up, Edward Janger, Stephan Madaus
Faculty Scholarship
No abstract provided.
The Proceduralist Inversion–A Response To Skeel, Edward Janger, Adam J. Levitin
The Proceduralist Inversion–A Response To Skeel, Edward Janger, Adam J. Levitin
Faculty Scholarship
No abstract provided.