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Full-Text Articles in Bankruptcy Law

Paying Paul And Robbing No One: An Eminent Domain Solution For Underwater Mortgage Debt, Robert C. Hockett Jan 2013

Paying Paul And Robbing No One: An Eminent Domain Solution For Underwater Mortgage Debt, Robert C. Hockett

Cornell Law Faculty Publications

In the view of many analysts, the best way to assist “underwater” homeowners — those who owe more on their mortgages than their houses are worth — is to reduce the principal on their home loans. Yet in the case of privately securitized mortgages, such write-downs are almost impossible to carry out, since loan modifications on the scale necessitated by the housing market crash would require collective action by a multitude of geographically dispersed security holders. The solution, this study suggests, is for state and municipal governments to use their eminent domain powers to buy up and restructure underwater mortgages, …


Constructive Trusts In Bankruptcy, Emily Sherwin Jan 1989

Constructive Trusts In Bankruptcy, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.


Property, E. F. Roberts Jan 1981

Property, E. F. Roberts

Cornell Law Faculty Publications

In the past, property exemplified law as an ordered set of rules, each axiom fitting nicely into an almost immovable intellectual mosaic of immense size. This obsolete rule grid still serves a purpose. It has been pressed into service as a vehicle to test aspirants for admission to the bar, now that even the bar examiners in this Republic have succumbed to using multiple choice questions susceptible to machine scoring. The irony is that this bar examination law does not mirror the real law, the common-law model having been destroyed by the entropy that typifies this fragile society. Order has …


Liens And Equity Rules In A Creditor's Application For A Receiver In Texas, Lee A. Chagra, Charles W. Wolfram May 1962

Liens And Equity Rules In A Creditor's Application For A Receiver In Texas, Lee A. Chagra, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.