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Full-Text Articles in Bankruptcy Law

Secured Credit And Insolvency Law In Argentina And The U.S.: Gaining Insight From A Comparative Perspective, Guillermo A. Moglia Claps, Julian B. Mcdonnell Jun 2002

Secured Credit And Insolvency Law In Argentina And The U.S.: Gaining Insight From A Comparative Perspective, Guillermo A. Moglia Claps, Julian B. Mcdonnell

Scholarly Works

It is not the purpose of this study to argue for or against changes in the secured credit or insolvency law of Argentina or the U.S. The perpetual clash of interested noted by James Madison and the contemporary pressures of the global economy are likely to assure that these areas of law will be subject to continuing scrutiny in both countries. Instead, we first urge that the law governing the creation and enforcement of security devices and the way in which insolvency laws impact these devices be considered together as part of one system of financing. The power which secured …


Reorganizations And Stochastic Collateral Value, Royce De R. Barondes Apr 2002

Reorganizations And Stochastic Collateral Value, Royce De R. Barondes

Faculty Publications

Bebchuk and Fried propose using a series of auctions to implement a market-based methodology for valuing secured claims in a reorganization. This Article demonstrates their procedure can result in a secured creditor receiving more than its ex ante bargain, and that the probability distribution of possible collateral values can be relevant to fulfilling the ex ante bargain. This Article further develops and examines a refinement of the Bebchuk and Fried procedure that provides an approximate solution to the overcompensation of secured creditors. This refinement reconceptualizes collateral as comprising two components: (i) a call option on that property, exercisable at the …


Teoría General De La Prueba Judicial, Edward Ivan Cueva Jan 2002

Teoría General De La Prueba Judicial, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


Presenter, "How Green Was My Valley: Changing Roles And Relationships Of Lawyers In Silicon Valley And The Breakdown Of The Cravath System And The Tournament Of Lawyers," Joint Law And Society And Canadian Law And Society Conference, Vancouver, Canada, Bruce Price Dec 2001

Presenter, "How Green Was My Valley: Changing Roles And Relationships Of Lawyers In Silicon Valley And The Breakdown Of The Cravath System And The Tournament Of Lawyers," Joint Law And Society And Canadian Law And Society Conference, Vancouver, Canada, Bruce Price

Bruce M Price

No abstract provided.