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Fordham Urban Law Journal

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The Legal Infrastructure Of Ex Post Consumer Debtor Protections, Melissa B. Jacoby Jan 2011

The Legal Infrastructure Of Ex Post Consumer Debtor Protections, Melissa B. Jacoby

Fordham Urban Law Journal

This article reviews the legal infrastructure of tools that protect debtors’ assets or income, or that enable debtors to resolve secured credit problems during ordinary times (e.g., not specific crisis interventions). Part I divides consumer protection tools into functional categories: protection of assets and future income, and retention of property subject to a security interest in default. Part II identifies the location of similar tools in federal law, uniform state law, and non-uniform state law. Part III examines implications of this divided system, with a special focus on the bundling of debtor protections and the role of intermediaries. This discussion …


Financial Stability Is A Volume Business: A Comment On 'The Legal Infrastructure Of Ex Post Consumer Debtor Protections', Anna Gelpern Jan 2011

Financial Stability Is A Volume Business: A Comment On 'The Legal Infrastructure Of Ex Post Consumer Debtor Protections', Anna Gelpern

Fordham Urban Law Journal

In this response to Professor Melissa B. Jacoby's "The Legal Infrastructure of Ex Post Consumer Debtor Protections," the author expands the scope of the household debt discussion beyond the consumer level and examines the effect that a fragmented infrastructure for legal service delivery can have on financial stability nationwide.


Protecting The Rights Of Purchasers Of Condominium Units, Jeffry R. Dwyer Jan 1975

Protecting The Rights Of Purchasers Of Condominium Units, Jeffry R. Dwyer

Fordham Urban Law Journal

The late 1960s and early 1970s have witnessed an unprecedented boom in both construction and conversion condominiums. The inflationary spiral of the 1970s caused many developers of partially completed rental projects to seek substantial loan increases to cover cost overruns. Such loan increases often could not be justified by rental income projections. Accordingly, many developers and lenders turned to condominium conversions as a panacea for project cost overruns. However, with a shortage of end loan money, developers and lenders were left with unsold "inventory," increasing in cost with each passing day. Indeed, many developers of condominium units found themselves in …