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- Bankruptcy (10)
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Articles 1 - 19 of 19
Full-Text Articles in Bankruptcy Law
Mediating Disputes Arising Out Of Troubled Companies - Do It Sooner Rather Than Later, The Hon. Randall J. Newsome
Mediating Disputes Arising Out Of Troubled Companies - Do It Sooner Rather Than Later, The Hon. Randall J. Newsome
Golden Gate University Law Review
Over the last several years, there has been much academic debate on the subject of “vanishing trials”—whether the settlement rate in bankruptcy and other courts is accelerating, and whether that is a healthy trend for our justice system. A more interesting question is why disputes in chapter 11 cases are not resolved sooner. Why does it take so much time and so much money for parties to settle their differences and arrive at a consensual chapter 11 plan?
Cite as 42 Golden Gate U. L. Rev. 661 (2012).
Obtaining The Release Of Grand Jury Evidence In Ponzi Cases, The Hon. Steven Rhodes
Obtaining The Release Of Grand Jury Evidence In Ponzi Cases, The Hon. Steven Rhodes
Golden Gate University Law Review
Evidence that law enforcement authorities obtain through the grand jury process is generally secret. Nevertheless, case law can provide a powerful basis for a trustee, a receiver or any party in a Ponzi case to obtain evidence that the government has in its possession as a result of its investigation of a Ponzi scheme. This Article considers the extent to which parties in a Ponzi scheme insolvency proceeding might be able to obtain evidence presented in a criminal grand jury proceeding relating to the Ponzi scheme.
Cite as 42 Golden Gate U. L. Rev.657 (2012).
Overcoming Administrative, Procedural And Evidentiary Hurdles In Ponzi Scheme Litigation, Sharon Z. Weiss, Natalie B. Daghbandan
Overcoming Administrative, Procedural And Evidentiary Hurdles In Ponzi Scheme Litigation, Sharon Z. Weiss, Natalie B. Daghbandan
Golden Gate University Law Review
The unfortunate reality that comes with a Ponzi scheme case in bankruptcy is a mass of deceived unsecured creditors clamoring for their money back, and few, if any, present assets within the bankruptcy estate with which to pay them. The sheer size of most Ponzi schemes cases necessarily presents unique evidentiary, procedural and administrative challenges to professionals seeking to sort out the failed Ponzi enterprise. Ponzi scheme cases are riddled with litigation, which generally falls into four categories: (1) litigation against the Ponzi scheme operator(s), (2) litigation against parties who enabled the scheme to continue (such as professionals), (3) litigation …
Black Swans, Ostriches, And Ponzi Schemes, Nancy B. Rapoport
Black Swans, Ostriches, And Ponzi Schemes, Nancy B. Rapoport
Golden Gate University Law Review
Cite as 42 Golden Gate U. L. Rev. 627 (2012).
The Collapse Of Financial Fraud: Measuring Bankruptcy Avoidance Action, Jessica D. Gabel, Isaac Asher, Mary Beth Byington
The Collapse Of Financial Fraud: Measuring Bankruptcy Avoidance Action, Jessica D. Gabel, Isaac Asher, Mary Beth Byington
Golden Gate University Law Review
Ponzi schemes lay their foundation on fraud. Once the con is exposed, the culprits are usually stripped of their pilfered millions and sent off to jail. Unfortunately for the victims, the process of recovering any portion of the money they lost in the scam is, to put it mildly, complicated. The challenge rests, in part, in differences between federal forfeiture statutes and Bankruptcy Code principles in determining what assets can be recovered and who is entitled to a portion of the Ponzi pie. What is a Ponzi scheme (as defined by the courts rather than the media)? The Second Circuit …
Handling Claims In Ponzi Scheme Bankruptcy And Receivership Cases, Kathy Bazoian Phelps
Handling Claims In Ponzi Scheme Bankruptcy And Receivership Cases, Kathy Bazoian Phelps
Golden Gate University Law Review
The end game for defrauded investors and other creditors in a Ponzi scheme case is the recovery of the maximum amount on their claims. Depending on whether the Ponzi perpetrator has landed in a bankruptcy case or a receivership proceeding, the rules governing the allowance and distribution priorities for claims filed in Ponzi scheme cases may vary. This Article discusses the treatment of the defrauded investor’s claim in both bankruptcy and receivership cases. This Article also contrasts relatively rigid provisions in the Bankruptcy Code for the allowance, priority and distribution of claims in Ponzi scheme cases with the more flexible …
Friction In Reconciling Criminal Forfeiture And Bankruptcy: The Criminal Forfeiture Part, Sarah N. Welling, Jane Lyle Hord
Friction In Reconciling Criminal Forfeiture And Bankruptcy: The Criminal Forfeiture Part, Sarah N. Welling, Jane Lyle Hord
Golden Gate University Law Review
The federal government uses two general types of asset forfeiture, criminal and civil. This Article addresses criminal forfeiture, which allows the government to take property from defendants when they are convicted of crimes. It is “an aspect of punishment imposed following conviction of a substantive criminal offense.” The goal of this Article is to give an overview of the forfeiture process, specifically in relation to claims victims and creditors might assert as third-party claimants.
Cite as 42 Golden Gate U. L. Rev. 551 (2012).
Keynote Address: Stories In The Development Of Bankruptcy Law, Gerald F. Munitz
Keynote Address: Stories In The Development Of Bankruptcy Law, Gerald F. Munitz
Golden Gate University Law Review
Cite as: 42 Golden Gate U. L. Rev. 539 (2012).
Debt And Crime: Inevitable Bedfellows, Karen Gebbia
Debt And Crime: Inevitable Bedfellows, Karen Gebbia
Golden Gate University Law Review
Criminal law and bankruptcy law approach fraud with a variety of objectives, only some of which overlap. Each contains elements of both restorative and distributive justice—the notion that the fraudster should be held accountable, the injured should be compensated, and distribution should be fair. Yet, criminal law and bankruptcy law inculcate these goals with profoundly different understandings, histories, contexts and practices. Consequently, the long arm of the law and the strong arm of the trustee have uniquely honed tools, unavailable to the other, for achieving their purposes. Inevitably, then, tension arises when criminal law and bankruptcy law simultaneously attempt to …
Gebhart V. Gaughan: Clarifying The Homestead Exemption As To Post-Petition Appreciation, Natalie R. Barker
Gebhart V. Gaughan: Clarifying The Homestead Exemption As To Post-Petition Appreciation, Natalie R. Barker
Golden Gate University Law Review
This case summary begins by discussing the facts and procedural history of the two consolidated appeals in Gebhart. Next, it outlines and reviews the analysis of the Ninth Circuit. Lastly, it concludes by briefly discussing the implications of the Ninth Circuit’s decision in Gebhart.
Cleaning The Mess Of The Means Test: The Need For A Case-By-Case Analysis Of 401(K) Loans In Chapter 7 Bankruptcy Petitions, Luke Welmerink
Cleaning The Mess Of The Means Test: The Need For A Case-By-Case Analysis Of 401(K) Loans In Chapter 7 Bankruptcy Petitions, Luke Welmerink
Golden Gate University Law Review
This Comment examines the relevant case law regarding Chapter 7 petitions and the policy implications of not considering 401(k) loan repayment a necessary expense. Section II provides an overview of the treatment of 401(k) loans in bankruptcy, as well as a more detailed review of means testing and an analysis of Other Necessary Expenses. Section III argues that courts should look to the facts and circumstances surrounding petitions to determine whether 401(k) loan repayments can be deducted as necessary expenses, and that doing so will not affect the ability of courts to properly dismiss abusive petitions under a totality-of-the-circumstances analysis. …
Consumer Bankruptcy Reform: Debtors' Prison Without Bars Or "Just Desserts" For Deadbeats?, Robert J. Landry Iii, Nancy Hisey Mardis
Consumer Bankruptcy Reform: Debtors' Prison Without Bars Or "Just Desserts" For Deadbeats?, Robert J. Landry Iii, Nancy Hisey Mardis
Golden Gate University Law Review
This article provides an overview of current bankruptcy law and filing trends in the United States. It then provides an overview of the major changes to consumer bankruptcy and further analyzes several of the more controversial areas of the new law, placing them in historical context and exploring the possible ramifications of these dramatically sweeping changes. Such changes are illustrated by the journey of hypothetical debtors, Ura and Ima Broke, through the new bankruptcy maze. This illustration shows the complexity and inconsistency of the amended Bankruptcy Code. Examining the reform from the vantage point of hypothetical debtors shows how the …
Bankruptcy Law - Bfp V. Imperial Savings And Loan Association: Resolving The "Reasonably Equivalent Value" Standard In Avoiding Foreclosure Sales, Kevin F. Kilty
Golden Gate University Law Review
No abstract provided.
Bankruptcy Law - In Re Mitchell: Standards Of Valuation In Chapter 13 Proceedings Under 11 U.S.C. § 506(A), Edwin S. Clark
Bankruptcy Law - In Re Mitchell: Standards Of Valuation In Chapter 13 Proceedings Under 11 U.S.C. § 506(A), Edwin S. Clark
Golden Gate University Law Review
In re Mitchel marks the first examination by a circuit court of valuation standards used in Chapter 13 proceedings to establish the value of a creditor's secured claim in a vehicle. In Mitchell, the Ninth Circuit held that the standard to be applied in most cases is a vehicle's wholesale values and that any other standard, such as retail value, should be applied only where the debtor uses a vehicle as part of a going concern. This note will show that the Mitchell majority arrived at its rule by grounding its analysis in well-settled bankruptcy philosophy& and by strictly construing …
Bankruptcy Law - In Re Chg International, Inc.: The Ordinary Course Of Business Exception: What You See Is What You Get, Janina M. Elder
Bankruptcy Law - In Re Chg International, Inc.: The Ordinary Course Of Business Exception: What You See Is What You Get, Janina M. Elder
Golden Gate University Law Review
No abstract provided.
Bankruptcy Law, Charlene R. Ingersoll
Bankruptcy Law, Charlene R. Ingersoll
Golden Gate University Law Review
No abstract provided.
Running The Gauntlet Of "Undue Hardship" - The Discharge Of Student Loans In Bankruptcy, Janice E. Kosel
Running The Gauntlet Of "Undue Hardship" - The Discharge Of Student Loans In Bankruptcy, Janice E. Kosel
Golden Gate University Law Review
To remedy supposed abuse, a proposal was made which ultimately was enacted as section 523(a)(8) of the Bankruptcy Reform Act of 1978. Henceforth, such student loans would be dischargeable in bankruptcy only if "such loan first became due before five years. . . before the date of the filing of the petition; or . . . excepting such debt from discharge . . . will impose an undue hardship on the debtor and the debtor's dependents... ' This Article will first examine the legislative history of that provision and then review the case law implementing and interpreting the undue hardship …
Bankruptcy, Evert M. Makinen
Bankruptcy, Helen Coyne-Hoerle
Bankruptcy, Helen Coyne-Hoerle
Golden Gate University Law Review
No abstract provided.