Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Banking and Finance Law (26)
- Commercial Law (9)
- Consumer Protection Law (9)
- Property Law and Real Estate (9)
- Business Organizations Law (8)
-
- Law and Economics (8)
- Securities Law (7)
- Business (6)
- Social and Behavioral Sciences (6)
- Constitutional Law (5)
- Contracts (5)
- Economics (5)
- Finance and Financial Management (5)
- Labor and Employment Law (5)
- Political Economy (4)
- Public Affairs, Public Policy and Public Administration (4)
- Retirement Security Law (4)
- Secured Transactions (4)
- State and Local Government Law (4)
- Tax Law (4)
- Courts (3)
- Legal Profession (3)
- Legislation (3)
- Administrative Law (2)
- Civil Procedure (2)
- Comparative and Foreign Law (2)
- Conflict of Laws (2)
- Corporate Finance (2)
- Institution
-
- Selected Works (36)
- St. John's University School of Law (31)
- SelectedWorks (10)
- University of Massachusetts School of Law (6)
- University of Michigan Law School (5)
-
- University of Pennsylvania Carey Law School (5)
- Duke Law (4)
- Touro University Jacob D. Fuchsberg Law Center (3)
- University of Maryland Francis King Carey School of Law (3)
- University of Tennessee College of Law (3)
- Chicago-Kent College of Law (2)
- Columbia Law School (2)
- Emory University School of Law (2)
- Florida A&M University College of Law (2)
- Notre Dame Law School (2)
- Pace University (2)
- Pepperdine University (2)
- University of Georgia School of Law (2)
- University of Richmond (2)
- Vanderbilt University Law School (2)
- Villanova University Charles Widger School of Law (2)
- Washington and Lee University School of Law (2)
- American University Washington College of Law (1)
- Barry University School of Law (1)
- Boston University School of Law (1)
- Brooklyn Law School (1)
- Campbell University School of Law (1)
- Embry-Riddle Aeronautical University (1)
- Florida International University College of Law (1)
- Fordham Law School (1)
- Keyword
-
- Bankruptcy (79)
- Bankruptcy Law (16)
- Chapter 11 (11)
- Property (7)
- Debtor (6)
-
- Chapter 7 (5)
- Discharge (5)
- Automatic stay (4)
- Banking and Finance (4)
- Chapter 13 (4)
- Debt (4)
- Exemption (4)
- Municipal bankruptcy (4)
- Attorney (3)
- Bankruptcy Code (3)
- Chapter 9 (3)
- Creditor (3)
- Debtors (3)
- Detroit (3)
- Evidence (3)
- Financial distress (3)
- Fraudulent transfer (3)
- Good faith (3)
- Insolvency (3)
- Legislation (3)
- Mortgage (3)
- Security interests (3)
- State (3)
- Abuse (2)
- American Bankruptcy Institute (2)
- Publication
-
- Bankruptcy Research Library (29)
- Faculty Scholarship (11)
- University of Massachusetts Law Review (6)
- All Faculty Scholarship (5)
- Amir Shachmurove (4)
-
- Articles (4)
- Faculty Publications (4)
- Chapter 11 Bankruptcy Case Studies (3)
- Jack F. Williams (3)
- Jeffrey Davis (3)
- Touro Law Review (3)
- Basil H. Mattingly (2)
- Chicago-Kent Law Review (2)
- Doug Rendleman (2)
- Emory Bankruptcy Developments Journal (2)
- Ingrid Michelsen Hillinger (2)
- J. Rich Leonard (2)
- Journal Publications (2)
- Juliet M Moringiello (2)
- Juliet M. Moringiello (2)
- Marjorie L. Girth (2)
- Michelle M. Harner (2)
- Notre Dame Law Review (2)
- Pace Law Review (2)
- The Journal of Business, Entrepreneurship & the Law (2)
- Vanderbilt Law Review (2)
- Villanova Law Review (2)
- Washington and Lee Law Review (2)
- All Scholarship (1)
- American University Business Law Review (1)
- Publication Type
- File Type
Articles 1 - 30 of 156
Full-Text Articles in Bankruptcy Law
4th And 205: How A Rush Of Global Comments Blocked The Sec’S First Attempted Punt Of Attorney-Client Privilege Under Sarbanes-Oxley, John Paul Lucci
4th And 205: How A Rush Of Global Comments Blocked The Sec’S First Attempted Punt Of Attorney-Client Privilege Under Sarbanes-Oxley, John Paul Lucci
Touro Law Review
No abstract provided.
Paying Paul And Robbing No One: An Eminent Domain Solution For Underwater Mortgage Debt, Robert C. Hockett
Paying Paul And Robbing No One: An Eminent Domain Solution For Underwater Mortgage Debt, Robert C. Hockett
Robert C. Hockett
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, …
Statutory Liens And The Bankruptcy Act: U.C.C. § 2-702 And Section 67(C), Robert Green
Statutory Liens And The Bankruptcy Act: U.C.C. § 2-702 And Section 67(C), Robert Green
Robert A. Green
Shooing The Vultures Away From The Consumer Bankruptcy Carcass: Attorney Fees Owed By Debtors For Marital Dissolution Are Not Domestic Support Obligations, Christopher V. Davis
Shooing The Vultures Away From The Consumer Bankruptcy Carcass: Attorney Fees Owed By Debtors For Marital Dissolution Are Not Domestic Support Obligations, Christopher V. Davis
University of Massachusetts Law Review
This Note will focus on consumer bankruptcy related to chapter 7 and chapter 13 filings. Section I provides an introduction to DSOs and the goals of enforcing them through bankruptcy. Section I also discusses the impact of DSO status on the automatic stay, discharge, priority status for property distribution of the bankruptcy estate, capability to reach exempt property, and application to attorney fees. Section II argues that, where attorney fees are not owed to a spouse, former spouse, or child, and do not fit within an impact exception, the fees are not DSOs, but instead are merely general non-secured claims. …
Discharging Student Loans Via Bankruptcy: Undue Hardship Doctrine In The First Circuit, Anthony Bowers
Discharging Student Loans Via Bankruptcy: Undue Hardship Doctrine In The First Circuit, Anthony Bowers
University of Massachusetts Law Review
Student loans are presumptively non-dischargeable through bankruptcy, but the undue hardship doctrine provides an equitable “safety valve” for the indigent. To date, the United States First Circuit Court of Appeals has yet to select a single legal test for determining undue hardship under the United States Bankruptcy Code (“Bankruptcy Code”). Within the jurisdiction of the First Circuit, bankruptcy courts are free to choose an approach to evaluate undue hardship. In an effort to ensure consistency throughout the bankruptcy courts within the First Circuit, it would be ideal if the First Circuit would choose one of the undue hardship tests. However, …
Reaffirmation Agreements In Consumer Bankruptcy Cases, Daniel A. Austin, Donald R. Lassman
Reaffirmation Agreements In Consumer Bankruptcy Cases, Daniel A. Austin, Donald R. Lassman
University of Massachusetts Law Review
The following is from Chapter II of our book, Reaffirmation Agreements in Consumer Bankruptcy Cases. This chapter sets forth the debtor’s obligations in connection with reaffirmation of secured debt.
Alternative Dispute Resolution In U.S. Bankruptcy Practice, Jacob A. Esher
Alternative Dispute Resolution In U.S. Bankruptcy Practice, Jacob A. Esher
University of Massachusetts Law Review
The use of ADR in bankruptcy cases, while firmly established in concept across the nation, has been realized in a minority of jurisdictions. Mediation training of judges, lawyers and professionals of other disciplines, together with the continued development of ADR programs, is necessary to achieve the vision of a judicial system in which both adjudicative and non-adjudicative, or negotiative, dispute resolution services are available to all parties in all cases.
The Changing Practice Of Bankruptcy Law: An Analysis Of How Bankruptcy Practice Has Changed In The Last Decade, Michael Goldstein, Samantha Einhorn, Jill L. Phillips
The Changing Practice Of Bankruptcy Law: An Analysis Of How Bankruptcy Practice Has Changed In The Last Decade, Michael Goldstein, Samantha Einhorn, Jill L. Phillips
University of Massachusetts Law Review
The practice of bankruptcy law has changed drastically over the last decade. An attorney starting out in the field in 2009 faces different issue than one who began in 1999. However, it’s not just the issues that come up with clients that make the practice so different, but the law of bankruptcy itself has changed. The economic downturn of the last eighteen months has changed the way the public views bankruptcy. The Bankruptcy Reform Act of 2005 and In re Bateman, a case decided in 2008, altered the landscape of bankruptcy practice forever. This article will walk through a …
Time For Change: Bringing Massachusetts Homestead And Personal Property Exemptions Into The Twenty-First Century, Lee Harrington
Time For Change: Bringing Massachusetts Homestead And Personal Property Exemptions Into The Twenty-First Century, Lee Harrington
University of Massachusetts Law Review
There are presently two pieces of legislation pending on Beacon Hill that are intended to offer amendments to the Homestead Statute and Exemption Statute that would offer meaningful changes and real relief for the citizens of the Commonwealth. This article provides a brief history of the two statutory schemes, provides some comparisons to the schemes in other states, and highlights the changes sought by the proposed amendments.
Is It Law Or Something Else?: A Divided Judiciary In The Application Of Fraudulent Transfer Law Under § 546(E) Of The Bankruptcy Code, Jaclyn Weissgerber
Is It Law Or Something Else?: A Divided Judiciary In The Application Of Fraudulent Transfer Law Under § 546(E) Of The Bankruptcy Code, Jaclyn Weissgerber
Pace Law Review
In Part I of this Note, I will provide a general overview of leveraged buyouts. The discussion of how and why LBOs are implemented is particularly relevant to the application of fraudulent transfer analysis. In Part II, I will discuss fraudulent transfer law as defined by the Bankruptcy Code. In Part III, I will discuss which transfers within the LBO should be attacked under fraudulent transfer law and why; this section will focus on the various stakes of the parties involved in the leveraged buyout transaction. I will provide an overview of the specific factors that bankruptcy and federal appellate …
Ending The Nonsense: The In Pari Delicto Doctrine Has Nothing To Do With What Is § 541 Property Of The Bankruptcy Estate, Jeffrey Davis
Ending The Nonsense: The In Pari Delicto Doctrine Has Nothing To Do With What Is § 541 Property Of The Bankruptcy Estate, Jeffrey Davis
Jeffrey Davis
The recent wave of disregard for corporate fiduciary responsibilities has provided numerous opportunities for courts to consider whether the corporations bankrupted by the unlawful acts of their principals should be prohibited by the in pari delicto doctrine from pursuing liability claims against third parties who contributed to the harm. In an array of recent cases, courts have reluctantly and apologetically, yet uniformly, permitted third parties who contributed to the demise of these corporations to escape liability because they felt § 541 of the Bankruptcy Code (the "Code") left them no other choice. Section 541 provides that the filing of a …
Florida's Beefed-Up Assignment For The Benefit Of Creditors As An Alternative To Bankruptcy, Jeffrey Davis
Florida's Beefed-Up Assignment For The Benefit Of Creditors As An Alternative To Bankruptcy, Jeffrey Davis
Jeffrey Davis
Two new corporate clients have been referred to you. The owners of both corporations have consulted lawyers about their struggling businesses and now seek second opinions. The first was advised by its attorney to file a Chapter 7 bankruptcy petition, the second was advised to file a Chapter 11 petition. You think both should consider an assignment for the benefit of creditors. Why? Stated simply, an assignment for the benefit of creditors, or an ABC, is normally much simpler and almost always less expensive than a comparable bankruptcy proceeding.' The substantial savings in expense results in larger payouts to both …
Fixing Florida's Execution Lien Law Part Two: Florida's New Judgment Lien On Personal Property, Jeffrey Davis
Fixing Florida's Execution Lien Law Part Two: Florida's New Judgment Lien On Personal Property, Jeffrey Davis
Jeffrey Davis
Under both the prior and current laws, a creditor seeking to satisfy a judgment out of property of the judgment debtor obtains a writ of execution from the clerk of the court that issued the judgment and then delivers the writ to a sheriff in one of Florida's sixty-seven counties. The writ commands the sheriff to levy on property of the debtor until the amount stated in the writ is satisfied. Under the prior law, delivery of the writ to the sheriff not only initiated the execution process, but under the seminal case of Love v. Williams, it also created …
Water Bankruptcy, Christine A. Klein
Water Bankruptcy, Christine A. Klein
Christine A. Klein
Many western states are on the verge of bankruptcy, with debts exceeding assets. And yet, they continue to take on additional debt through contracts and other commitments. Although this distress sounds like an outgrowth of the 2008 recession, this crisis involves water, not money. In particular, the problem concerns the western prior appropriation system of water law, which allocates the right to use water under the priority principle of “first in time, first in right.” In many states, the system is so “over-allocated” that it promises to deliver annually much more water than nature provides. The crisis will deepen as …
How Courts Can Prevent Excess Emitters From Using Bankruptcy As A Forum To Avoid California Ab 32’S Allowance Deductions, Mohammed Tehrani
How Courts Can Prevent Excess Emitters From Using Bankruptcy As A Forum To Avoid California Ab 32’S Allowance Deductions, Mohammed Tehrani
The Journal of Business, Entrepreneurship & the Law
This paper identifies bankruptcy as a forum in which entities that exceed their emissions limit might be able to avoid the accompanying allowance deduction. Specifically, an entity might be able to sell its assets free and clear of its allowance deduction liabilities through Section 363 to a new company comprised of the same actors. Part II contrasts which liabilities can be discharged through a Chapter 11 plan and which can be avoided through a free and clear sale under Section 363. Part III analyzes whether allowance deductions could be discharged through a Chapter 11 plan or avoided through a free …
Reconciling The Municipal Pension Problem With Chapter 9'S Automatic Stay: A Case Note On In Re City Of San Bernardino, Michael Simon
Reconciling The Municipal Pension Problem With Chapter 9'S Automatic Stay: A Case Note On In Re City Of San Bernardino, Michael Simon
The Journal of Business, Entrepreneurship & the Law
Using In re City of San Bernardino as a springboard, this Note explores both the descriptive and analytic dimensions of a municipality seeking relief from its pension woes within the context of Chapter 9 of the Bankruptcy Code. As a descriptive matter, this Note illustrates that municipalities need alternative solutions to address the growing public pension problem besides issuing municipal bonds. Given the structure of certain public defined benefit pension systems, the strategy of issuing municipal bonds to raise cash has substantial disadvantages. In certain contexts, Chapter 9 of the Bankruptcy Code provides a significantly better alternative. Unlike a business …
Federalizing Principles Of Donative Intent And Unanticipated Circumstances, Reid K. Weisbord
Federalizing Principles Of Donative Intent And Unanticipated Circumstances, Reid K. Weisbord
Vanderbilt Law Review
This Comment identifies a central tenet of wealth transfer law that should guide federal actors when operating in this area: Wealth transfer law facilitates donative intent by responding to circumstances unanticipated by the donor. Wealth transfer law performs this intent- fulfilling function by supplying opt-outs, presumptions, and default rules to solve problems created by the donor's inability to predict or respond to future events. To illustrate that principle, this Comment will focus on one such rule, disclaimer rights, which refer to a donee's refusal to accept a donative transfer. In "Disclaimers and Federalism," Professor Adam J. Hirsch identifies several settings …
The Intersection Of Tax And Bankruptcy: The Mccoy Rule, John Ferguson
The Intersection Of Tax And Bankruptcy: The Mccoy Rule, John Ferguson
John Ferguson
No abstract provided.
Chapter 9 Plan Confirmation Standards And The Role Of State Choices, Juliet Moringiello
Chapter 9 Plan Confirmation Standards And The Role Of State Choices, Juliet Moringiello
Juliet M Moringiello
Because so few municipalities have ever filed for bankruptcy, none of the Chapter 9 confirmation standards have benefitted from extensive judicial scrutiny. The standards are particularly undeveloped as applied to cities and counties, whose debt structure and service obligations are more complicated and diverse than those of the special purpose districts whose cases generate the vast majority of Chapter 9 judicial opinions. The lack of clarity is not only bad for distressed cities and their creditors, it is undesirable from a public policy standpoint. States can choose whether to permit their municipalities to file for bankruptcy, and clear plan confirmation …
The Myths Of Going Concern Valuations, Jack F. Williams
The Myths Of Going Concern Valuations, Jack F. Williams
Jack F. Williams
No abstract provided.
National Bankruptcy Review Commission Tax Recommendations: Notice, Jurisdiction, And Corporate Debtors, Jack F. Williams
National Bankruptcy Review Commission Tax Recommendations: Notice, Jurisdiction, And Corporate Debtors, Jack F. Williams
Jack F. Williams
Pursuant to congressional mandate, the National Bankruptcy Review Commission (NBRC) reported its recommendations for modification of the Bankruptcy Reform Act of 1978, as amended (the Bankruptcy Code), to the President, Congress, and Chief Justice of the Supreme Court on October 20, 1997. This Article, the second and final installment analyzing the tax recommendations of the NBRC, focuses on the proposed revisions relating to, among other things, taxation of corporate and partnership debtor estates. In particular, this Article discusses the requirement of reasonable notice to the government, bankruptcy court jurisdiction over tax controversies, bankruptcy administration affecting tax matters, chapter 11 plan …
Daubert And Financial Expert Testimony In Bankruptcy Courts, Jack F. Williams
Daubert And Financial Expert Testimony In Bankruptcy Courts, Jack F. Williams
Jack F. Williams
No abstract provided.
Sale Of Property Of The Estate Free And Clear Of Restrictions And Covenants In Bankruptcy, Basil Mattingly
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
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.
The Bankruptcy Reform Process: Maximizing Judicial Control In Wage Earners' Plans, Marjorie L. Girth
The Bankruptcy Reform Process: Maximizing Judicial Control In Wage Earners' Plans, Marjorie L. Girth
Marjorie L. Girth
No abstract provided.
The Role Of Empirical Data In Developing Bankruptcy Legislation For Individuals, Marjorie L. Girth
The Role Of Empirical Data In Developing Bankruptcy Legislation For Individuals, Marjorie L. Girth
Marjorie L. Girth
Symposium: As We Forgive Our Debtors
Survey 2014: Bankruptcy + Student Loan Debt Crisis, Brenda Beauchamp, Jason R. Cooper
Survey 2014: Bankruptcy + Student Loan Debt Crisis, Brenda Beauchamp, Jason R. Cooper
Touro Law Review
No abstract provided.
Ponzi Schemes In Bankruptcy, Honorable Dorothy T. Eisenberg, Nicholas W. Quesenberry
Ponzi Schemes In Bankruptcy, Honorable Dorothy T. Eisenberg, Nicholas W. Quesenberry
Touro Law Review
No abstract provided.
Secured Credit And Insolvency Law In Argentina And The U.S.: Gaining Insight From A Comparative Perspective, Guillermo A. Moglia Claps, Julian B. Mcdonnell
Secured Credit And Insolvency Law In Argentina And The U.S.: Gaining Insight From A Comparative Perspective, Guillermo A. Moglia Claps, Julian B. Mcdonnell
Georgia Journal of International & Comparative Law
No abstract provided.
Veiled Egos: Alter Ego, Veil-Piercing, And Sections 362(A) And 727(A), Amir Shachmurove
Veiled Egos: Alter Ego, Veil-Piercing, And Sections 362(A) And 727(A), Amir Shachmurove
Amir Shachmurove
No abstract provided.