Yale School of Management
Komisi Pemilihan Umum Republik Indonesia
University of Tennessee, Knoxville
John Marshall Law School
SelectedWorks
Washington and Lee University School of Law
University of Michigan Law School
Modular Bankruptcy: Toward A Consumer Scheme Of Arrangement,
2023
University of Michigan Law School
Modular Bankruptcy: Toward A Consumer Scheme Of Arrangement, John A. E. Pottow
Law & Economics Working Papers
The world of international bankruptcy has seen increasing use of the versatile scheme of arrangement, a form of corporate reorganization available under English law. A key feature of the scheme is its modularity, whereby a debtor can restructure only a single class of debt, such as bond indentures, without affecting other debt, such as trade. This is the opposite of chapter 11 of the U.S. Bankruptcy Code’s comprehensive reckoning of all financial stakeholders. This article considers a novel idea: could the scheme be transplanted into the consumer realm? It argues that it could and should. Substantial benefits of more individually …
Aligning Nigeria’S Companies And Allied Matters Act With Restructuring Objectives: A Comparative Analysis Using Key Areas Of Interest In Canada’S Insolvency Regime,
2023
Western University
Aligning Nigeria’S Companies And Allied Matters Act With Restructuring Objectives: A Comparative Analysis Using Key Areas Of Interest In Canada’S Insolvency Regime, Unyime Anieti Akpan
Master of Laws Research Papers Repository
Despite the commendable inclusion of restructuring options in Nigeria’s Companies and Allied Matters Act 2020 (“CAMA 2020”), there are still some issues to be addressed in order to fully align CAMA’s restructuring regimes with its goals. This paper undertakes a comparative analysis of the CAMA and the relevant Canadian laws in this respect (particularly the Companies’ Creditors Arrangement Act (“CCAA”) which are aimed at restructuring insolvent corporations. Given the broad nature of a general comparison of insolvency regimes, the approach of this research will be to highlight some key areas of interest under both the CAMA …
Federal Data Privacy Regulation: Do Not Expect An American Gdpr,
2023
DePaul University College of Law
Federal Data Privacy Regulation: Do Not Expect An American Gdpr, Matt Buckley
DePaul Business & Commercial Law Journal
No abstract provided.
Welcome Address,
2023
DePaul University
Welcome Address, Lauren Mckenzie
DePaul Business & Commercial Law Journal
No abstract provided.
Front Matter,
2023
DePaul University
Finding A Port In The Storm: Constitutional Claims Find Protection Under The Fifth Amendment In Municipal Bankruptcy In In Re Financial Oversight & Management Board,
2023
Villanova University Charles Widger School of Law
Finding A Port In The Storm: Constitutional Claims Find Protection Under The Fifth Amendment In Municipal Bankruptcy In In Re Financial Oversight & Management Board, Mark Lammey
Villanova Law Review
No abstract provided.
Evaluating Nondebtor Releases: How Purdue Pharma Emphasizes The Need For Congress To Resolve The Decades-Long Debate,
2023
University of Connecticut
Evaluating Nondebtor Releases: How Purdue Pharma Emphasizes The Need For Congress To Resolve The Decades-Long Debate, Sarah Melanson
Connecticut Law Review
In 2019, Purdue Pharma filed a petition for relief under Chapter 11 of the Bankruptcy Code (the “Code”) due to an onslaught of lawsuits arising from its alleged contribution to the opioid crisis. The proposed plan of reorganization became notorious for its release of the Sackler family––nondebtors–– from future civil liability relating to opioid litigation. For over 30 years, Federal Circuit Courts of Appeal have split on whether the Code allows release of nondebtors. A majority of circuits have recognized that the Code’s grant of broad, discretionary equitable powers authorizes nondebtor releases. The recent emergence of several mass-tort bankruptcies containing …
Bankruptcy,
2023
Mercer University School of Law
Bankruptcy, John T. Laney Iii, Thomas Alec Chappell, Siena Berrios Gaddy
Mercer Law Review
This Article focuses on bankruptcy opinions issued by the Supreme Court of the United States and the United States Court of Appeals for the Eleventh Circuit. Topics addressed include constitutionality of the 2017 U.S. Trustee quarterly fee increase; statutory mootness under 11 U.S.C. § 363(m); retroactive application of § 505(a)(2)(C); exemption of traditional and Roth IRAs from a debtor’s bankruptcy estate; scope of “claim” under § 101(5); effect of post-petition transfers on the new value preference defense; scope of the fiduciary capacity exception from discharge of § 523(a)(4); and errors in debtor’s name in a financing statement.
Erisa’S Fiduciary Fantasy And The Problem Of Mass Health Claim Denials,
2023
South Texas College of Law
Erisa’S Fiduciary Fantasy And The Problem Of Mass Health Claim Denials, Katherine T. Vukadin
University of Richmond Law Review
Over 100 million Americans face healthcare debt. Most of those in debt have health insurance, with the debt often springing from services people thought were covered. Before and even after receiving care, those seeking coverage must run a gauntlet of obstacles such as excessive pre-authorization requests, burdensome concurrent review of care, and retrospective review, which claws back payment after a treatment is pre-authorized and payment made. Increasingly, this procedural tangle leaves people with unwarranted and unexpected medical bills, quickly spiraling them into debt.
Who polices health insurers’ claims practices? What keeps insurance companies from designing overly burdensome pre-authorization requirements or …
The Scrivener's Error: How Bankruptcy Judges Overrule Health Experts On Medicare Decisions,
2023
The University of Akron
The Scrivener's Error: How Bankruptcy Judges Overrule Health Experts On Medicare Decisions, Nicolas C. Oehler
Akron Law Review
There is a circuit split over the interpretation of 42 U.S.C. § 405(h), which requires providers to exhaust their remedies with the Department of Health and Human Services (HHS) before proceeding to court. This split originates from a recodification that omitted several jurisdictional grants from § 405(h), leaving courts to decide whether to continue interpreting the statute as Congress intended or begin interpreting the statute’s plain language. Complicating this split, a backlog of claims in HHS’s appeal systems prevents speedy adjudication. This delay leaves providers searching for other adjudicatory options for their Medicare claims, such as bankruptcy courts.
As initially …
Undue Mental Hardship: A Case For Standardized Treatment Of Mental Health Issues In Student Loan Discharge Proceedings,
2023
Brigham Young University Law School
Undue Mental Hardship: A Case For Standardized Treatment Of Mental Health Issues In Student Loan Discharge Proceedings, Abigail Stone
BYU Law Review
No abstract provided.
Covid-19 And The Rise In Commercial Real Estate Bankruptcies: The Path To Reach The Goals Of Bankruptcy Code §365(D)(3),
2023
Pepperdine University
Covid-19 And The Rise In Commercial Real Estate Bankruptcies: The Path To Reach The Goals Of Bankruptcy Code §365(D)(3), Jefferey Kirwin
The Journal of Business, Entrepreneurship & the Law
This article will explore and explain the two approaches circuit courts use when § 365(d)(3) of the Bankruptcy Code is at issue and will analyze the best approach in the context of COVID-related increase in commercial tenants’ bankruptcy claims. Specifically, this article will analyze how each approach affects the parties by explaining which party is protected at the different stages, and will explain what and when a tenant must pay a landlord. This article will then describe options each party could pursue at different stages in the bankruptcy and outline how each option affects the payment to the landlord. Lastly, …
University of Indonesia
Penerapan Itikad Baik Dan Kebebasan Berkontrak Pada Jaminan Kebendaan Berdasarkan Perjanjian Fasilitas Pinjaman (Facility Agreement) Dalam Sengketa Kepailitan: Studi Kasus Putusan Pengadilan Niaga Nomor 3/Pdt.Sus-Lain Lain/2021/Pn Niaga Mdn Jo. Nomor 7/Pdt.Sus-Pkpu/2018/Pn Niaga Mdn, Tarissa Zahira Hidayansyah, Prof. Dr. Rosa Agustina, S.H.,M.H
Lex Patrimonium
The principle of good faith is a general principle of contract law used as a form of limitation of the parties in exercising freedom of contract. The principle of good faith is used to determine the parties' intentions in carrying out the agreement, which is assessed based on statutory regulations, decency, customs, good decency, and public order, as emphasized in articles 1337 and 1339 of the Civil Code. However, there is no clear definition of interpreting good faith in a particular legal action which brings a variety of perspectives and opinions in interpreting the good faith of a legal action. …
Comments On Federal Trade Commission Non-Compete Ban Proposed Rule, Matter No. P201200,
2023
American University Washington College of Law
Comments On Federal Trade Commission Non-Compete Ban Proposed Rule, Matter No. P201200, Chaz D. Brooks
Articles in Law Reviews & Other Academic Journals
Within signed law professors and law students submitted this letter to the Federal Trade Commission, writing in their individual capacities, not as agents of their affiliated institutions, in support of the Federal Trade Commission’s proposed rule to ban most non-compete clauses (the “Proposal”) as an unfair method of competition.
This letter offers comments in response to areas where the FTC has requested public comment. To make our views clear, this letter contains the following sections: I. Summary of the Proposal; II. The Commission Should Consider Expanding Its Definition of Non-Compete Clauses to Prevent Employers from Requiring Workers to Quit Before …
The Bankruptcy Of Purdue Pharma In The Wake Of Big Tobacco,
2023
University of Colorado Law School
The Bankruptcy Of Purdue Pharma In The Wake Of Big Tobacco, Jacob Hedgpeth
University of Colorado Law Review Forum
Two distinct public health crises shook the United States from 1954 to 2023: nicotine addiction from tobacco products, and opioid addiction starting with Purdue Pharmaceutical’s OxyContin. These crises resulted in millions of deaths and immense costs to the country as a whole. The nicotine crisis ended in a national settlement against four major tobacco manufacturers, which yielded hundreds of millions of dollars for those harmed by these products. The owners of Purdue, however, opted for bankruptcy instead of settlement, keeping the majority of the money made from OxyContin for Purdue’s owners, the Sackler family.
These four tobacco giants and Purdue …
Debtor Embezzlement Of Collateral,
2023
Alexander Blewett III School of Law at the University of Montana
Debtor Embezzlement Of Collateral, Jonathon S. Byington
Faculty Law Review Articles
This Article is about collateral and the “embezzlement” exception to
discharge under § 523(a)(4) of the Bankruptcy Code. Under the Uniform
Commercial Code, collateral is property subject to a security interest. The
“embezzlement” exception to discharge requires a debtor fraudulently
appropriate entrusted property. A debtor fraudulently appropriates a
security interest when the debtor, in conjunction with circumstances
indicating fraud, transfers collateral or proceeds of collateral to a transferee
who takes free of the security interest. A secured party “entrusts” its
security interest to a debtor in situations where a debtor has power or
control over collateral. There is a split …
Duped By Dope: The Sackler Family’S Attempt To Escape Opioid Liability And The Need To Close The Non-Debtor Release Loophole,
2023
University of Richmond School of Law
Duped By Dope: The Sackler Family’S Attempt To Escape Opioid Liability And The Need To Close The Non-Debtor Release Loophole, Bryson T. Strachan
University of Richmond Law Review
The opioid epidemic continues to rage on in the United States, ravaging its rural populations. One of its main causes? OxyContin. Purdue Pharma (“Purdue”), the maker of OxyContin, aggressively marketed opioids to the American public while racking up a fortune of over $13 billion dollars for its owners,3 the Sackler family. As a result, roughly 3,000 lawsuits were filed against Purdue and members of the Sackler family. Generally, the lawsuits alleged that Purdue and members of the Sackler family knew OxyContin was highly addictive yet aggressively marketed high dosages of the drug and misrepresented the drug as nonaddictive and without …
Love Hertz: Corporate Groups And Insolvency Forum Selection,
2023
University of Michigan Law School
Love Hertz: Corporate Groups And Insolvency Forum Selection, John A. E. Pottow
Law & Economics Working Papers
The Hertz bankruptcy got a lot of attention, including for its bizarre equity trading. A less heralded but more significant legal aspect of that insolvency, however, was its complex interaction of cross-border insolvency proceedings.
This article discusses the “centripetal” and “centrifugal” forces in the Hertz case that counselled a U.S.-based centralized solution for an international enterprise comprising over 10,000 branches centripetally but also accommodated centrifugal European resistance to subject directors to the consequences of filing their entities in a foreign jurisdiction. This not uncommon constellation of incentives required not a COMI shift but what this article terms a jurisdiction shift …
The Kinder, Gentler Irs? Where?,
2023
University of Hartford
The Kinder, Gentler Irs? Where?, Harvey Gilmore
DePaul Business & Commercial Law Journal
No abstract provided.
Overcoming The Presumption Of The Deceitful Debtor,
2023
Georgia State University College of Law
Overcoming The Presumption Of The Deceitful Debtor, Rebecca Rhym
Georgia State University Law Review
Congress codified presumed consumer debtor abuse into the Bankruptcy Code with the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Since then, distrust of low- and middle-class debtors has permeated the legal system, evidenced most visibly by how easily legislators are swayed by creditor lobbyists’ rhetoric. This distrust has also reached our courts, where judges invoke the doctrine of judicial estoppel to bar debtor-plaintiffs from pursuing tort claims undisclosed in bankruptcy petitions. Instead of addressing societal problems underlying the high number of bankruptcy filings, like financial literacy and predatory lending, this Note argues that lawmakers and courts are perpetuating …
