Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Banking and Finance Law (717)
- Business Organizations Law (629)
- Law and Economics (497)
- Contracts (490)
- Commercial Law (437)
-
- Constitutional Law (371)
- International Law (367)
- Legislation (357)
- State and Local Government Law (337)
- Tax Law (337)
- Administrative Law (323)
- Torts (318)
- Courts (311)
- Criminal Law (299)
- Insurance Law (290)
- International Trade Law (289)
- Property Law and Real Estate (289)
- Securities Law (285)
- Law and Politics (283)
- Civil Law (272)
- Family Law (267)
- Transportation Law (267)
- Internet Law (266)
- Other Law (265)
- Legal History (261)
- Conflict of Laws (260)
- Secured Transactions (256)
- Taxation-Transnational (253)
- Institution
-
- University of Michigan Law School (442)
- Selected Works (390)
- St. John's University School of Law (354)
- Universitas Indonesia (138)
- SelectedWorks (131)
-
- Maurer School of Law: Indiana University (109)
- Vanderbilt University Law School (103)
- University of Pennsylvania Carey Law School (91)
- Washington and Lee University School of Law (86)
- William & Mary Law School (79)
- Seattle University School of Law (78)
- Brooklyn Law School (74)
- University of Maryland Francis King Carey School of Law (63)
- Columbia Law School (62)
- University of Kentucky (62)
- University of Richmond (58)
- UIC School of Law (55)
- BLR (52)
- Emory University School of Law (51)
- University of Tennessee College of Law (51)
- Fordham Law School (50)
- University of Florida Levin College of Law (49)
- West Virginia University (49)
- Mercer University School of Law (44)
- Villanova University Charles Widger School of Law (44)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (42)
- University of Washington School of Law (42)
- University of Miami Law School (41)
- Yeshiva University, Cardozo School of Law (37)
- American University Washington College of Law (35)
- Keyword
-
- Bankruptcy (1314)
- Bankruptcy Law (208)
- Chapter 11 (196)
- Insolvency (164)
- Bankruptcy Code (162)
-
- Creditors (119)
- Reorganization (88)
- Debt (86)
- Debtor (86)
- Debtors (73)
- Chapter 13 (71)
- Corporations (69)
- Bankruptcy law (66)
- Bankruptcy Act (61)
- Liquidation (61)
- Chapter 7 (58)
- Creditor (55)
- Commercial Law (51)
- Restructuring (50)
- Discharge (49)
- Property (45)
- Fraud (40)
- Economics (39)
- Foreclosure (39)
- United States (39)
- BAPCPA (37)
- Bankruptcy code (37)
- Law and Economics (36)
- Law reform (36)
- Banking and Finance (35)
- Publication Year
- Publication
-
- Bankruptcy Research Library (339)
- Michigan Law Review (331)
- Faculty Scholarship (178)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (123)
- All Faculty Scholarship (107)
-
- Articles (105)
- Faculty Publications (90)
- Vanderbilt Law Review (83)
- Seattle University Law Review (74)
- Washington and Lee Law Review (68)
- Indiana Law Journal (64)
- Chapter 11 Bankruptcy Case Studies (51)
- Adrian J Walters (50)
- ExpressO (49)
- West Virginia Law Review (49)
- Emory Bankruptcy Developments Journal (45)
- UF Law Faculty Publications (45)
- Articles by Maurer Faculty (44)
- Mercer Law Review (42)
- Ingrid Michelsen Hillinger (39)
- Scholarly Works (37)
- Villanova Law Review (37)
- Washington Law Review (35)
- Brooklyn Journal of Corporate, Financial & Commercial Law (32)
- William & Mary Law Review (32)
- Kentucky Law Journal (31)
- UIC Law Review (30)
- Mubashshir Sarshar (28)
- University of Richmond Law Review (28)
- Law Faculty Publications (27)
- Publication Type
Articles 2161 - 2190 of 3867
Full-Text Articles in Bankruptcy Law
Keeping The Faith: The Rights Of Parishioners In Church Reorganizations, Theresa J. Pulley Radwan
Keeping The Faith: The Rights Of Parishioners In Church Reorganizations, Theresa J. Pulley Radwan
Washington Law Review
Faced with significant potential liability to victims of sexual abuse at the hands of church personnel, four archdioceses and dioceses of the Roman Catholic Church have filed for Chapter 11 bankruptcy protection. The bankruptcy proceedings present a multitude of novel issues, including valuation of tort claims against the church and determination of the property available to pay those claims. While each issue has the potential to affect parishioners of the church, the issue of property ownership may have a particularly strong effect. Under both canon law and state incorporation statutes, an archdiocese or diocese owns all assets of its churches. …
Yukos Risk: The Double Edged Sword, Joseph Tanega, Dmitry Gololobov
Yukos Risk: The Double Edged Sword, Joseph Tanega, Dmitry Gololobov
ExpressO
Abstract The article focuses on elucidating the meaning of Yukos risk mainly in terms of corporate bankruptcy litigation in multiple jurisdictions, including, the U.S., U.K., The Netherlands, and Russia. The emphasis is on understanding the various legal theories and the court decisions reached so far in this continuing legal saga.
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - Theory And Policy, Kelli A. Alces, Larry E. Ribstein, Alan Schwartz, Simone M. Sepe
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - Theory And Policy, Kelli A. Alces, Larry E. Ribstein, Alan Schwartz, Simone M. Sepe
Journal of Business & Technology Law
No abstract provided.
Universal Proceduralism, Edward J. Janger
Of Cabbages And Cabotage: The Case For Opening Up The U.S. Airline Industry To International Competition, Robert M. Hardaway
Of Cabbages And Cabotage: The Case For Opening Up The U.S. Airline Industry To International Competition, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
This article attempts to show that the economic advantages of free trade in the airline industry is no less than other industries, but also that the reasons posited for the rejection of free trade do not stand up to comprehensive analysis. Proposed herein is the adoption of "cabotage," defined by the Standard Dictionary of the English language as "air transport of passengers and goods within the same national territory. ' The definition adopted by International Civil Aviation Organization (ICAO) at the Chicago Convention is, "Each state shall have the right to refuse permission to the aircraft of other contracting states …
Individual Chapter 11 Reorganizations: Big Problems With The New "Big" Chapter 13, Robert J. Landry Iii
Individual Chapter 11 Reorganizations: Big Problems With The New "Big" Chapter 13, Robert J. Landry Iii
University of Arkansas at Little Rock Law Review
No abstract provided.
Apontamentos Sobre A Teoria Do Estabelecimento Empresarial No Direito Brasileiro, Cássio Cavalli
Apontamentos Sobre A Teoria Do Estabelecimento Empresarial No Direito Brasileiro, Cássio Cavalli
Cássio Cavalli
Ao positivar a teoria do estabelecimento empresarial, o novo Código Civil acabou inserindo no ordenamento jurídico brasileiro novas normas jurídicas acerca do tema, distintas das que, por construção doutrinária e jurisprudencial, eram adotadas anteriormente à promulgação do Diploma Civil. A nova regulação legal cuida da caracterização do estabelecimento empresarial como bem objeto de novos direitos, assim como, ao dispor acerca dos efeitos da alienação do estabelecimento, suscita dúvidas no que respeita aos elementos que compõe o estabelecimento empresarial. Da mesma forma, o novel Diploma Falimentar positivou normas específicas a respeito da circulação do estabelecimento, diversas das normas civis. Cuida-se, desta …
Reinstatement V. Cramdown: Do Secured Creditors Win Or Lose?, Heather Lennox, Michelle M. Harner, Eric R. Goodman
Reinstatement V. Cramdown: Do Secured Creditors Win Or Lose?, Heather Lennox, Michelle M. Harner, Eric R. Goodman
Faculty Scholarship
No abstract provided.
Center Of Main Interests, International Insolvency Case Venue, And Equality Of Arms: The Eurofood Decision Of The European Court Of Justice, Samuel Bufford
Center Of Main Interests, International Insolvency Case Venue, And Equality Of Arms: The Eurofood Decision Of The European Court Of Justice, Samuel Bufford
Journal Articles
This Article examines the Eurofood-E.C.J. decision and evaluates its impact on the decisions of the Irish and the Italian courts to open main insolvency cases for Eurofood. This Article also addresses the broader international insolvency law issues that the E.C.J. decision left open. Part II of this Article provides background information on the format and binding effect of a decision of the E.C.J. Part III explores the background of Parmalat and Eurofood and describes the Eurofood cases in the Irish and Italian courts prior to the E.C.J. decision. Part IV examines the E.C.J. decision, its rationale, and its application to …
Asset-Backed Securitization In China, Yuwa Wei
Asset-Backed Securitization In China, Yuwa Wei
Richmond Journal of Global Law & Business
No abstract provided.
The Law Of Unintended Consequences, Margaret Howard
The Law Of Unintended Consequences, Margaret Howard
Scholarly Articles
My purpose is to talk about the 2005 Amendments and how things are going with the new provisions. But where do you start, with a bad law? We could start with the enactment process, but that's old news now. And besides,you've already heard the line: "Some members of Congress could not be bought; for everyone else there was MasterCard." We could talk about the policy choices, and the 2005 Amendments clearly represent a shift in that respect--perhaps in the category of "seismic" or "cataclysmic."
Directors' Duties In Failing Firms, Larry E. Ribstein, Kelli A. Alces
Directors' Duties In Failing Firms, Larry E. Ribstein, Kelli A. Alces
Journal of Business & Technology Law
No abstract provided.
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - The Duty To Creditors In Practice, J. William Callison, Mark A. Grovic, James J. Hanks Jr., Roger A. Lane
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - The Duty To Creditors In Practice, J. William Callison, Mark A. Grovic, James J. Hanks Jr., Roger A. Lane
Journal of Business & Technology Law
No abstract provided.
Your Licensor Has A License To Kill, And It May Be Yours: Why The Ninth Circuit Should Resist Bankruptcy Law That Threatens Intellectual Property Licensing Rights, Jon Minear
Seattle University Law Review
In recent opinions, the U.S. Court of Appeals for the Seventh Circuit has interpreted the Bankruptcy Code ("the Code") in a manner that makes inaction or ignorance perilous for IP licensees whose licensor declares bankruptcy. Although Congress amended the Code to protect a licensee from losing technology rights in these situations, the Seventh Circuit has narrowly interpreted a strikingly similar bankruptcy provision involving real-estate leases and, in doing so, has cast doubt on the efficacy of the licensee protections found in section 365(n) of the Code. In addition, this circuit has broadly interpreted another Code section dealing with title-clearing sales …
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - History & Background, Royce De R. Barondes, Lisa Fairfax, Lawrence A. Hamermesh, Robert Lawless
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - History & Background, Royce De R. Barondes, Lisa Fairfax, Lawrence A. Hamermesh, Robert Lawless
Journal of Business & Technology Law
No abstract provided.
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - Presentation Of Much Ado About Little? Directors' Fiduciary Duties In The Vicinity Of Insolvency, Stephen M. Bainbridge
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - Presentation Of Much Ado About Little? Directors' Fiduciary Duties In The Vicinity Of Insolvency, Stephen M. Bainbridge
Journal of Business & Technology Law
No abstract provided.
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - Comparative & International Perspectives, Andres Engert, Reid Feldman, Pamela L.J. Huff, Donna W. Mckenzie-Skene
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - Comparative & International Perspectives, Andres Engert, Reid Feldman, Pamela L.J. Huff, Donna W. Mckenzie-Skene
Journal of Business & Technology Law
No abstract provided.
Much Ado About Little? Directors' Fiduciary Duties In The Vicinity Of Insolvency, Stephen M. Bainbridge
Much Ado About Little? Directors' Fiduciary Duties In The Vicinity Of Insolvency, Stephen M. Bainbridge
Journal of Business & Technology Law
No abstract provided.
Fiduciary Duties In Distressed Corporations: Second Generation Issues, Royce De R. Barondes
Fiduciary Duties In Distressed Corporations: Second Generation Issues, Royce De R. Barondes
Journal of Business & Technology Law
No abstract provided.
The Duty To Creditors Reconsidered - Filling A Much Needed Gap In Corporation Law, Richard A. Booth
The Duty To Creditors Reconsidered - Filling A Much Needed Gap In Corporation Law, Richard A. Booth
Journal of Business & Technology Law
No abstract provided.
Why A Fiduciary Duty Shift To Creditors Of Insolvent Business Entities Is Incorrect As A Matter Of Theory And Practice, J. William Callison
Why A Fiduciary Duty Shift To Creditors Of Insolvent Business Entities Is Incorrect As A Matter Of Theory And Practice, J. William Callison
Journal of Business & Technology Law
No abstract provided.
From Production Resources To Peoples Department Stores: A Similar Response By Delaware And Canadian Courts On The Fiduciary Duties Of Directors To Creditors Of Insolvent Companies, Pamela L.J. Huff, Russell C. Silberglied
From Production Resources To Peoples Department Stores: A Similar Response By Delaware And Canadian Courts On The Fiduciary Duties Of Directors To Creditors Of Insolvent Companies, Pamela L.J. Huff, Russell C. Silberglied
Journal of Business & Technology Law
No abstract provided.
Direct Creditor Claims For Breach Of Fiduciary Duty: Is They Is, Or Is They Ain't? A Practitioner's Notes From The Field, Roger A. Lane
Direct Creditor Claims For Breach Of Fiduciary Duty: Is They Is, Or Is They Ain't? A Practitioner's Notes From The Field, Roger A. Lane
Journal of Business & Technology Law
No abstract provided.
Directors' Duty To Creditors Of A Financially Distressed Company: A Perspective From Across The Pond, Donna W. Mckenzie-Skene
Directors' Duty To Creditors Of A Financially Distressed Company: A Perspective From Across The Pond, Donna W. Mckenzie-Skene
Journal of Business & Technology Law
No abstract provided.
Directors' Duty To Creditors And The Debt Contract, Simone M. Sepe
Directors' Duty To Creditors And The Debt Contract, Simone M. Sepe
Journal of Business & Technology Law
No abstract provided.
Gap Filling In The Zone Of Insolvency, Frederick Tung
Gap Filling In The Zone Of Insolvency, Frederick Tung
Journal of Business & Technology Law
No abstract provided.
Casenote: The Emerald Casino Fiasco, 40 J. Marshall L. Rev. 1305 (2007), Cory Aronovitz, Jon Topolewski
Casenote: The Emerald Casino Fiasco, 40 J. Marshall L. Rev. 1305 (2007), Cory Aronovitz, Jon Topolewski
UIC Law Review
No abstract provided.
Rescuing The Rescued: Stemming The Tide Of Foreclosure Rescue Scams In Washington, Zachary E. Davies
Rescuing The Rescued: Stemming The Tide Of Foreclosure Rescue Scams In Washington, Zachary E. Davies
Seattle University Law Review
While foreclosure rescue scam (FRS) victims have many remedies under existing statutes, remedies are inadequate because they fail to holistically address the FRS problem. A successful statutory approach to combating the spread of this insidious scam must rest on three legs: education, enforcement, and litigation. First, homeowners facing foreclosure need timely warnings regarding the existence and prevalence of the FRS before the onslaught of FRSA solicitations begins. Next, in addition to education,homeowners need effective enforcement of the statutes that are supposed to protect them. Finally, homeowners wronged by FRSAs need to be able to seek civil relief that both adequately …
Directors' Duties In Failing Firms, Kelli A. Alces, Larry E. Ribstein
Directors' Duties In Failing Firms, Kelli A. Alces, Larry E. Ribstein
Scholarly Publications
Despite many cases with seemingly contrary dicta, corporate directors of failing firms do not have special duties to creditors. This follows from the nature of fiduciary duties and the business judgment rule. Under the business judgment rule, the directors have broad discretion to decide what to do and in whose interests to act. There is some authority for a limited creditor right to sue on behalf of the corporation to enforce this duty. However, any such right does not make the duty one owed to creditors. The creditors individually may sue the corporation for breach of specific contractual, tort, and …
Non-Pecuniary Interests And The Injudicious Limits Of Appellate Standing In Bankruptcy, S. Todd Brown
Non-Pecuniary Interests And The Injudicious Limits Of Appellate Standing In Bankruptcy, S. Todd Brown
Journal Articles
Standing to appeal bankruptcy court orders today is limited to those with a pecuniary interest. This prudential limitation is based on the person aggrieved requirement of Section 39(c) of the Bankruptcy Act of 1898 - a requirement that was not included in the Bankruptcy Code. This article examines the extensive differences between the Act and the Code, the potential justifications for extending the pecuniary interest test in spite of the omission of the person aggrieved requirement, and the potential ramifications for parties and the integrity of the bankruptcy process. This analysis suggests that standing to appeal bankruptcy orders should be …