Bankruptcy Law Commons^™

The New Bankruptcy Law: A Czech - U.S. Comparison, 10 Common L. Rev. 3 (2009), Paul Lewis

Paul Lewis

No abstract provided.

Personal Bankruptcy In Common Law Countries, 7 Common L. Rev. 38 (2006), Paul Lewis

Paul Lewis

No abstract provided.

Training The Dragon®: The Use Of Voice Recognition Software In The Legal Writing Classroom, 48 The L. Tchr. 181 (2014), Maureen Collins

Maureen B. Collins

We are surrounded by technology – most of it designed to make our personal and professional lives easier. We have voice-assisted software at our fingertips. One conversation with Siri® and we know where to dine or who starred in our favorite movie. In the legal profession, technology is used not only to process words, but to conduct legal research, manage voluminous litigation documents, and track information on opposing counsel. Surely, then, there is a place for technology in the legal writing process.

The Implications Of Wellness (2015 Scotus Bankruptcy Opinion), Ingrid Hillinger

Ingrid Michelsen Hillinger

United States International Insolvency Law, Samuel Bufford

Hon. Samuel L. Bufford

U.S. International Insolvency Law authored by Honorable Samuel L. Bufford is designed as the definitive interpretive work on Chapter 15 to the United States Bankruptcy Code, which took effect in October 2005. This code was introduced to coordinate international insolvency cases involving both the United States and one or more foreign countries. With the extensive growth of the international economy, international insolvency cases for international enterprises in financial difficulty are certain to increase. These cases will involve complex legal problems arising from assets located abroad in U.S. cases, foreign creditors in U.S. cases, and parallel cases in various countries for …

Statutory Erosion Of Secured Creditors' Rights: Some Insights From The United Kingdom, Adrian Walters

Adrian J Walters

No abstract provided.

Sale Of Property Of The Estate Free And Clear Of Restrictions And Covenants In Bankruptcy, Basil Mattingly

Basil H. Mattingly

No abstract provided.

Re-Establishment Of Bankruptcy Review Of Oppressive Foreclosure Sales: The Interaction Of Avoidance Powers As Applied To Creditors Bid-Ins, Basil Mattingly

Basil H. Mattingly

No abstract provided.

Reward The Stalking Horse Or Preserve The Estate: Determining The Appropriate Standard Of Review For Awarding Break-Up Fees In § 363 Sales, Zachary Frimet

Zachary Frimet

Following the surge of bankruptcies in the wake of the Great Recession, a growing and somewhat controversial trend has emerged whereby companies seeking to purchase a debtor’s assets in bankruptcy frequently make use of Section 363 of the United States Bankruptcy Code (“§ 363”). In general, § 363 sales are accomplished via public auction. This aspect of § 363 exposes initial bidders, known in bankruptcy as “stalking horses bidders”, to the risk that they will commit time and resources in pursuit of the acquisition and yet fail to succeed as the prevailing bidder. To hedge against this risk, stalking horse …

How Ideas Turn Into Law: Abi Review Commission; Bankruptcy Code At 30; Sausage-Making 101, Ingrid Hillinger

Ingrid Michelsen Hillinger

No abstract provided.

Presentation On Advisory Committee Report, Ingrid Hillinger

Ingrid Michelsen Hillinger

Presentation and questioning concerning Advisory Committee Report.

Please Take Your Collateral: The Meaning Of Surrender, Ingrid Hillinger

Ingrid Michelsen Hillinger

No abstract provided.

Get Ready For The Amendments To Revised Article 9, Ingrid Hillinger, Edwin Smith

Ingrid Michelsen Hillinger

Revised Article 9, effective in 2001, has created problem spots. The 2012 Amendments, effective in July 2013, attempt to solve them. Ed Smith of Bingham McCutchen and I lectured on the amendments.

Municipalities In Peril: The Abi Guide To Chapter 9, Second Edition Written By: H. Slayton Dabney Jr., Patrick Darby, Daniel G. Egan, Marc A. Levinson, George B. South Iii And Emily J. Tidmore (Abi, 2012), Juliet Moringiello

Juliet M Moringiello

No abstract provided.

Panelist, International Commercial Transactions: Sales Of Goods And Cross-Border Financing, Ingrid Hillinger

Ingrid Michelsen Hillinger

Professor Hillinger discussed the issues and risks posed by cross-border lending as a panelist at the International Commercial Transactions: Sales of Goods and Cross-Border Financing Conference.

American College Of Bankruptcy Circuit Review Of Consumer Cases, Margaret Howard

Margaret Howard

No abstract provided.

American College Of Bankruptcy Circuit Review, Margaret Howard

Margaret Howard

No abstract provided.

Graduating With Debt: Student Loans Under The Bankruptcy Code, Daniel Austin, Susan Hauser

Daniel A. Austin

Student loan debt in the US exceeds $1.1 trillion — more than any other type of consumer debt except for mortgage loans — while new education lending continues at an explosive pace. In this book, the authors offer expert knowledge to enable bankruptcy and consumer credit professionals to assist clients in dealing with student loan debt. The book introduces readers to the basics of student loan debt, including different types of loans and loan-forgiveness programs, delinquency and default, and administrative and non-judicial remedies for borrowers having trouble repaying their loans.

The Problem With Surrender Under 1325 (Of The Bankruptcy Code), Ingrid Hillinger

Ingrid Michelsen Hillinger

What can courts or debtors' attorneys do when a debtor surrenders collateral in full satisfaction of a lender's secured claim but the lender does not foreclose on it. Also presented on this issue at same conference in Charleston, SC (March 2012) and Portland, OR (August 2011).

What To Do About Surrender, Ingrid Hillinger

Ingrid Michelsen Hillinger

Judge Michael Deasy and I led a "fireside chat" about the problems with a debtor's attempt to surrender collateral that the secured lender refuses to accept or to foreclose on

Ponzi Schemes And Preference Law, Ingrid Hillinger

Ingrid Michelsen Hillinger

Why application of preference law fails to achieve bankruptcy's "equality is equity" goal.

Bankruptcy And The Myth Of "Uniform Laws", Daniel A. Austin

Daniel A. Austin

The Bankruptcy Clause of the Constitution empowers Congress to enact “uniform Laws on the subject of bankruptcies.” Common definitions of the word uniform include “always the same” and “not variable.” Yet the rights and remedies of debtors and creditors in a bankruptcy case vary significantly depending upon the state and federal jurisdiction in which the case is filed. Rather than a single uniform law of bankruptcy, the U.S. has multiple bankruptcy laws and regimes based upon geography.

The cause of bankruptcy nonuniformity lies in the structure of our bankruptcy system. Many sections of the Bankruptcy Code incorporate state law, which …

Discussion Leader, Southern District Of Florida Bankruptcy Bar Association Retreat, Ingrid Hillinger

Ingrid Michelsen Hillinger

Faculty are assigned 15 different problems involving 15 different bankruptcy issues. Each faculty member leads a different group in discussing the 3 problems assigned for the specific 2 hour session.

Is The Code Exploding Or Imploding?, Ingrid Hillinger

Ingrid Michelsen Hillinger

No abstract provided.

Conference Organizer, Valuation In Bankruptcy, Ingrid Hillinger

Ingrid Michelsen Hillinger

No abstract provided.

Revision Of The European Union Regulation On Insolvency Proceedings, -- Recommendations, Samuel Bufford

Hon. Samuel L. Bufford

No abstract provided.

Coordination Of Insolvency Cases For International Enterprise Groups: A Proposal, Samuel Bufford

Hon. Samuel L. Bufford

No abstract provided.

The Attorney-Client Privilege In Bankruptcy: It's Not Looking Good, Ingrid Hillinger

Ingrid Michelsen Hillinger

No abstract provided.

The Eleventh Circuit Sinks Whiting Pools: In Re Lewis, Ingrid Hillinger

Ingrid Michelsen Hillinger

No abstract provided.

The Costs And Benefits Of Secured Creditor Control In Bankruptcy: Evidence From The Uk (With J. Armour & A. Hsu), Adrian Walters

Adrian J Walters

No abstract provided.