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Articles 1 - 30 of 32
Full-Text Articles in Bankruptcy Law
Bankruptcy, Taxes, And The Primacy Of Irs Refund Offsets: Copley V. United States, Michelle Lyon Drumbl
Bankruptcy, Taxes, And The Primacy Of Irs Refund Offsets: Copley V. United States, Michelle Lyon Drumbl
South Carolina Law Review
No abstract provided.
The Settlement Trap, Lindsey Simon
The Settlement Trap, Lindsey Simon
Indiana Law Journal
Mass tort victims often wait years for resolution of their personal injury claims, but many who successfully navigate this arduous process will not receive a single dollar of their settlement award. According to applicable bankruptcy and state law, settlement payments may be an asset of the estate that the trustee, exercising its significant authority, administers and distributes to creditors instead of a claimant who had filed for bankruptcy. This distribution power maximizes repayment, a critical counterbalance to the robust protections and benefits that debtors receive in bankruptcy.
Setting aside the perceived unfairness of taking desperately needed money from tort victims, …
The Challenges And Implications Of Fiscal Health, Bruce D. Mcdonald Iii
The Challenges And Implications Of Fiscal Health, Bruce D. Mcdonald Iii
South Carolina Journal of International Law and Business
No abstract provided.
Justice Scalia’S Bankruptcy Jurisprudence: The Right Judicial Philosophy For The Modern Bankruptcy Code?, Megan Mcdermott
Justice Scalia’S Bankruptcy Jurisprudence: The Right Judicial Philosophy For The Modern Bankruptcy Code?, Megan Mcdermott
Utah Law Review
This Article surveys an area of Justice Scalia’s legacy that is often overlooked by scholars who write broadly about the Supreme Court: his many contributions to the field of bankruptcy law. The Bankruptcy Code is rife with statutory interpretation questions that demand clear and predictable answers, due to the efficiency interests at stake and the absence of any intermediate interpretive forces, such as administrative agencies. Justice Scalia arrived on the high court at the outset of the modern bankruptcy era and this Article argues that his brand of rulebased textualism is a particularly good fit for bankruptcy law.
Specifically, four …
Rethinking Preemption And Constitutional Parameters In Bankruptcy, Michelle M. Harner
Rethinking Preemption And Constitutional Parameters In Bankruptcy, Michelle M. Harner
William & Mary Law Review
Chapter 11 of the U.S. Bankruptcy Code allows financially distressed businesses to reorganize and emerge from bankruptcy free of their pre-bankruptcy debts and obligations. In general, a business can achieve this kind of “fresh start” by confirming a plan of reorganization or pursuing a going-concern sale that typically facilitates a change in ownership, a reduction in leverage, and the elimination of most claims against the company’s assets. Through these kinds of transactions, a business can emerge from bankruptcy with a stronger balance sheet and often a new ownership structure. It also can streamline operations by, for example, assuming valuable contracts …
Regulatory Incentive Realignment And The Eu Legal Framework Of Bank Resolution, Andromachi Georgosouli
Regulatory Incentive Realignment And The Eu Legal Framework Of Bank Resolution, Andromachi Georgosouli
Brooklyn Journal of Corporate, Financial & Commercial Law
Risks associated with incentive misalignment are liable to seriously jeopardize the effectiveness of bank resolution, when not properly contained. This Article considers the management of misaligned incentives between regulators that are found in a vertical relationship of public governance. Using the EU legal framework of bank resolution as its case study, this Article explores the effectiveness of the quasi-enforcement powers of the Single Resolution Board (SRB) and, where relevant, of the European Banking Authority (EBA) as an incentive realignment legal technique. Two principal difficulties are identified: on the one hand, the problematic interinstitutional dynamic of the SRB and the EBA …
Restructuring Municipal Bankruptcy, Laura Napoli Coordes
Restructuring Municipal Bankruptcy, Laura Napoli Coordes
Utah Law Review
What sorts of legal relief should be available to a municipality in financial distress? Chapter 9 of the Bankruptcy Code has served as an option of last resort for many municipalities over the years. But as this Article illustrates, Chapter 9 arguably falls short of an effective solution and at times seems to contravene the foundational principles underlying bankruptcy law. By examining recent Chapter 9 filings, this Article presents a comprehensive analysis of how and why Chapter 9 has failed to address the problems that characterize municipal insolvencies. It argues that Chapter 9, in both practice and principle, has proved …
Does Ideology Matter In Bankruptcy? Voting Behavior On The Courts Of Appeals, Jonathan Remy Nash, Rafael I. Pardo
Does Ideology Matter In Bankruptcy? Voting Behavior On The Courts Of Appeals, Jonathan Remy Nash, Rafael I. Pardo
William & Mary Law Review
This Article empirically examines whether courts of appeals judges cast ideological votes in the bankruptcy context. The empirical study is unique insofar as it is the first to examine the voting behavior of circuit court judges in bankruptcy cases. More importantly, it focuses on a particular type of dispute that arises in bankruptcy: debt-dischargeability determinations. The study implements this focused approach in order to reduce heterogeneity in result. We find, contrary to our hypotheses, no evidence that circuit court judges engage in ideological voting in bankruptcy cases. We also find, however, non-ideological factors—including the race of the judge and the …
The New Danger Of Being Fired: Section 525(B)’S Disproportionate Effect On Older Workers And A Call To Amend, Jina Kim Yun
The New Danger Of Being Fired: Section 525(B)’S Disproportionate Effect On Older Workers And A Call To Amend, Jina Kim Yun
Northwestern Journal of Law & Social Policy
This Note explores an increasingly perverse effect of an anti-discriminatory provision of the Bankruptcy Code on numerous Americans who have declared personal bankruptcies after the recent economic recession of 2007. Under § 525(b) of the Bankruptcy Code, a private employer is not prohibited from barring a former debtor from prospective employment based on a past insolvency. This provision has had an immense impact on the large number of former debtors seeking the fresh start that bankruptcy law is meant to provide. With the dramatic increase in the number of personal bankruptcies, this Note argues that such an impact is overly …
An Appeal To Equity: Why Bankruptcy Courts Should Resort To Equitable Powers For Latitude In Their Interpretation Of "Interests" Under Section 363(F) Of The Bankruptcy Code, Matthew T. Gunlock
An Appeal To Equity: Why Bankruptcy Courts Should Resort To Equitable Powers For Latitude In Their Interpretation Of "Interests" Under Section 363(F) Of The Bankruptcy Code, Matthew T. Gunlock
William & Mary Law Review
No abstract provided.
Muddy Property: Generating And Protecting Information Privacy Norms In Bankruptcy, Edward J. Janger
Muddy Property: Generating And Protecting Information Privacy Norms In Bankruptcy, Edward J. Janger
William & Mary Law Review
Bankruptcy law does not deal well with website promises to protect personal information. The legal treatment of privacy policies in bankruptcy currently turns on whether such policies are viewed as creating contract rights or property rights. Neither characterization fits well, and any attempt to shoehorn information privacy into either category has significant costs. Contract obligations are subject to discharge in bankruptcy, and any consumer expectations of privacy (contractual or otherwise) are likely to be defeated. By contrast, if personal information is deemed property of the website customer, information transfers that might benefit consumers will be stifled. This Article develops an …
Confusion And Solution: Chapter 11 Bankruptcy Trustee's Standard Of Care For Personal Liability, David P. Primack
Confusion And Solution: Chapter 11 Bankruptcy Trustee's Standard Of Care For Personal Liability, David P. Primack
William & Mary Law Review
No abstract provided.
The Rotten Foundations Of Securitization, David Gray Carlson
The Rotten Foundations Of Securitization, David Gray Carlson
William & Mary Law Review
No abstract provided.
On Considering The Public Interest In Bankruptcy: Looking To The Railroads For Answers, Julie A. Veach
On Considering The Public Interest In Bankruptcy: Looking To The Railroads For Answers, Julie A. Veach
Indiana Law Journal
No abstract provided.
Bankruptcy Law - Discharging Student Loans Under 11 U.S.C. 523(A)(8)(B): Find Some Dependents, Make A Few Payments And Disconnect The Cable Television (A Discussion Of Pennsylvania Higher Education Assistance Agency V. Faish (In Re Faish)), Jonathan L. Marsh
Villanova Law Review
No abstract provided.
Seeing The Forest And The Trees: The Proper Role Of The Bankruptcy Attorney, Nancy B. Rapoport
Seeing The Forest And The Trees: The Proper Role Of The Bankruptcy Attorney, Nancy B. Rapoport
Indiana Law Journal
No abstract provided.
The Direct Action Against Insurers In Cercla Insolvency Cases: An Ideal Whose Time Has Come?, Peter R. Mounsey
The Direct Action Against Insurers In Cercla Insolvency Cases: An Ideal Whose Time Has Come?, Peter R. Mounsey
William & Mary Environmental Law and Policy Review
No abstract provided.
No Fault Equitable Subordination: Reassuring Investors That Only Government Penalty Claims Are At Risk, Scott M. Browning
No Fault Equitable Subordination: Reassuring Investors That Only Government Penalty Claims Are At Risk, Scott M. Browning
William & Mary Law Review
No abstract provided.
Value And Rationality In Bankruptcy Decisionmaking, Donald R. Korobkin
Value And Rationality In Bankruptcy Decisionmaking, Donald R. Korobkin
William & Mary Law Review
No abstract provided.
Bankruptcy Law - The Exemption Of Erisa-Qualified Plans From The Bankruptcy Estate, James A. Boyd Jr.
Bankruptcy Law - The Exemption Of Erisa-Qualified Plans From The Bankruptcy Estate, James A. Boyd Jr.
Villanova Law Review
No abstract provided.
Bankruptcy Law - Third Circuit Applies Section 1110 Of Bankruptcy Code To Sale-Leaseback Transactions, Sherri L. Albert
Bankruptcy Law - Third Circuit Applies Section 1110 Of Bankruptcy Code To Sale-Leaseback Transactions, Sherri L. Albert
Villanova Law Review
No abstract provided.
State Choice Of Law Rules In Bankruptcy, John T. Cross
State Choice Of Law Rules In Bankruptcy, John T. Cross
Oklahoma Law Review
No abstract provided.
The 1978 Bankruptcy Reform Act's Police Or Regulatory Power Exemption To The Automatic Stay: Unnecessary, Unfounded, And Unrestrained, Robert E. Korroch
The 1978 Bankruptcy Reform Act's Police Or Regulatory Power Exemption To The Automatic Stay: Unnecessary, Unfounded, And Unrestrained, Robert E. Korroch
William & Mary Law Review
No abstract provided.
Does Section 524 (A)(2) Of The Bankruptcy Code Bar Criminal Prosecution Concerning Discharged Debts?, Kent A. Bieberich
Does Section 524 (A)(2) Of The Bankruptcy Code Bar Criminal Prosecution Concerning Discharged Debts?, Kent A. Bieberich
William & Mary Law Review
No abstract provided.
Private Parties And Bankruptcy-Based Discrimination, Douglass Boshkoff
Private Parties And Bankruptcy-Based Discrimination, Douglass Boshkoff
Indiana Law Journal
No abstract provided.
The Bankruptcy Code And Hazardous Waste Cleanup: An Examination Of The Policy Conflict, Douglas P. Demoss
The Bankruptcy Code And Hazardous Waste Cleanup: An Examination Of The Policy Conflict, Douglas P. Demoss
William & Mary Law Review
No abstract provided.
Substantive Consumer Bankruptcy Reform In The Bankruptcy Amendments Act Of 1984, Jeffrey W. Morris
Substantive Consumer Bankruptcy Reform In The Bankruptcy Amendments Act Of 1984, Jeffrey W. Morris
William & Mary Law Review
No abstract provided.
Workers' Rights Against A Bankrupt Employer, Nancy L. Lowndes
Workers' Rights Against A Bankrupt Employer, Nancy L. Lowndes
William & Mary Law Review
No abstract provided.
Troubled Times: The Farm Debtor Under The Amended Bankruptcy Code, Margaret Rosso Grossman
Troubled Times: The Farm Debtor Under The Amended Bankruptcy Code, Margaret Rosso Grossman
Oklahoma Law Review
No abstract provided.
Troubled Times: The Farm Debtor Under The Amended Bankruptcy Code, Margaret Rosso Grossman
Troubled Times: The Farm Debtor Under The Amended Bankruptcy Code, Margaret Rosso Grossman
Oklahoma Law Review
No abstract provided.