Bankruptcy, 2018 Mercer University School of Law
Bankruptcy, John T. Laney Iii, William J. Diehl
Mercer Law Review
This Article surveys opinions decided in 2017 that will impact bankruptcy law practice in the Eleventh Circuit. These decisions come from the Supreme Court of the United States, the United States Court of Appeals for the Eleventh Circuit, United States District Courts, and Bankruptcy Courts. While courts in the Eleventh Circuit have addressed other important questions pertinent to bankruptcy law, this Article focuses on select decisions that the Authors believe will have the greatest impact on the readers' practices. The Article first updates cases cited in last year's annual survey. The Article continues by discussing cases involving bankruptcy courts' jurisdiction, …
The Power Struggle: Shareholder Rights In Brazilian Corporate Bankruptcy, 2018 University of Miami Law School
The Power Struggle: Shareholder Rights In Brazilian Corporate Bankruptcy, Jessica Nowak
University of Miami International and Comparative Law Review
No abstract provided.
Reflections On Two Years Of P.R.O.M.E.S.A., 2018 University of Pennsylvania Carey Law School
Reflections On Two Years Of P.R.O.M.E.S.A., David A. Skeel Jr.
All Faculty Scholarship
This Essay draws both on my scholarly and on my personal experience as a member of Puerto Rico’s oversight board to assess the first two years of the Board’s existence. I begin in a scholarly mode, by exploring the question of where P.R.O.M.E.S.A., the legislation that created the Board, came from. P.R.O.M.E.S.A.’s core provisions are, I will argue, the product of two historical patterns that have emerged in responses to the financial distress of public entities in the United States. The first dates back to the 1970s crisis in New York City, while the second is much more recent. If …
Debt Stigma And Social Class, 2018 Seattle University School of Law
Debt Stigma And Social Class, Michael D. Sousa
Seattle University Law Review
For as long as creditors have been extending credit to consumer debtors, Western society has stigmatized those individuals who failed to repay their financial obligations or who found themselves swamped by unmanageable debt. Over the past three decades, scholars have studied whether the stigma surrounding indebtedness and bankruptcy has declined or increased in American society, mainly due to the sharp spike in consumer bankruptcy filings during the 1990s. These studies have resulted in a general debate over whether debt stigma still exists in society. Absent from the scholarly literature to date is an exploration of whether debtors from different social …
The Husky Case: Fraud, Bankruptcy, And Veil Piercing, 2018 Brooklyn Law School
The Husky Case: Fraud, Bankruptcy, And Veil Piercing, Harvey Gelb
Brooklyn Journal of Corporate, Financial & Commercial Law
A recent Supreme Court decision, Husky International Electronics, Inc. v. Ritz, explores the meaning of the word “fraud” under a federal bankruptcy statutory section. That section uses the term “actual fraud,” and bears upon the question of whether a particular debt should be denied a discharge. The Court’s approach in defining fraud affords guidance to the question of defining fraud under other statutes. The Husky case also raised a veil piercing issue to be dealt with on remand. That issue involved the application of Texas statutory law precluding veil piercing in cases brought by contract creditors unless they were victims …
A New Approach To Executory Contracts, 2018 University of Michigan Law School
A New Approach To Executory Contracts, John A.E. Pottow
Articles
This Article will proceed as follows. First, it will offer an abbreviated explanation of the treatment of executory contracts under the Code, chronicling the development of the concept of executoriness and the subsequent challenges of its effects. Second, it will explain a new approach that embraces and makes its peace with executoriness by focusing on the proper treatment of non-executory contracts. Third, it will address some of the anticipated counterarguments to the new approach. Finally, it will offer a quick road test to demonstrate how the new approach would have more easily resolved a major litigated precedent in this field.
Domestic Asset Tracing And Recovery Of Hidden Assets And The Spoils Of Financial Crime, 2018 University of South Florida St. Petersburg
Domestic Asset Tracing And Recovery Of Hidden Assets And The Spoils Of Financial Crime, Nathan Wadlinger, Carl Pacini, Nicole Stowell, William Hopwood, Debra Sinclair
St. Mary's Law Journal
Abstract forthcoming
The Secret Life Of Priority: Corporate Reorganization After Jevic, 2018 University of Washington School of Law
The Secret Life Of Priority: Corporate Reorganization After Jevic, Jonathan C. Lipson
Washington Law Review
Academics have long debated whether the order of bankruptcy distributions should be “absolute” or “relative.” Should courts have the flexibility to scramble priority to serve some greater good? The Supreme Court’s recent decision in Czyzewski v. Jevic Holding Corp. holds that the answer is “no”: priority is absolute absent the consent of affected creditors. “Consent” is not self-defining, however, and is largely ignored in debates about priority. This is a problem because consent is hard to pinpoint in corporate reorganizations, a type of aggregate proceeding that can involve hundreds or thousands of creditors and shareholders. Although the Jevic majority …
Sare Manipulation: The Hurdles In Single-Asset Real Estate Cases, 2018 The Catholic University of America, Columbus School of Law
Sare Manipulation: The Hurdles In Single-Asset Real Estate Cases, David R. Hague
Catholic University Law Review
Section 1129 of the Bankruptcy Code allows a debtor to reorganize its plan. But a reorganization must first be approved by at least one “impaired class,” meaning one-half of those in the impaired class as well as two-thirds of the total amount of claims within the impaired class must vote “yes” to reorganization. Within this lens, the composition of the debtor’s classes has a substantial impact on whether a reorganization attempt will be successful. Clearly, this incentivizes debtors to group their claims in a way that maximizes their chances of gaining approval for reorganization.
As such, courts are now divided …
Payments By Check As Voidable Preferences: The Impact Of Barnhill V. Johnson, 2018 University of Maine School of Law
Payments By Check As Voidable Preferences: The Impact Of Barnhill V. Johnson, Paulette J. Delk
Maine Law Review
Under the Bankruptcy Reform Act of 1978 (the Code), the trustee in bankruptcy has the duty to seek to avoid “preferential” transfers of the debtor's property made ninety days or less before the date of the filing of the bankruptcy case. Because of the delay that may occur between the time a check in payment of a debt is delivered by the debtor and when it is honored by the drawee bank, determining when the transfer was made to the payee-creditor has been a difficult issue for courts to resolve. The Supreme Court recently addressed this problem when it ruled, …
Unreasonably Risky: Why A Negligence Standard Should Replace The Bankruptcy Code's Fraudulent Intent Analysis For Gambling Debts, 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law
Unreasonably Risky: Why A Negligence Standard Should Replace The Bankruptcy Code's Fraudulent Intent Analysis For Gambling Debts, Spencer H. Newman
UNLV Gaming Law Journal
No abstract provided.
Bankrupted Slaves, 2018 Vanderbilt University Law School
Bankrupted Slaves, Rafael I. Pardo
Vanderbilt Law Review
Responsible societies reckon with the pernicious and ugly chapters in their histories. Wherever we look, there exist ever-present reminders of how we failed as a society in permitting the enslavement of millions of black men, women, and children during the first century of this nation's history. No corner of society remains unstained. As such, it is incumbent on institutions to confront their involvement in this horrific past to fully comprehend the kaleidoscopic nature of institutional complicity in legitimating and entrenching slavery. Only by doing so can we properly continue the march of progress, finding ways to improve society, not letting …
Brief For Professors, Lamar, Archer & Cofrin, Llp V. R. Scott Appling As Amicus Curiae, 2018 University of New Mexico - School of Law
Brief For Professors, Lamar, Archer & Cofrin, Llp V. R. Scott Appling As Amicus Curiae, Laura Spitz
Faculty Scholarship
This brief is concerned with the Petitioner’s misinterpretation of §523(a)(2) of the United States Bankruptcy Code, 11 U.S.C. §101, et seq., which wrongly maintains that a false oral statement describing a single asset gives rise to a non-dischargeable debt. This brief shows Congress understood that §523(a)(2) simply re-enacted statutory language already having a completely settled understanding that a statement about a single asset was a “statement respecting financial condition” which must be in writing in order to give rise to a nondischargeable debt. This brief also submits that even if, arguendo, Petitioner were correct that a statement respecting financial condition …
Fiduciary Duties In Bankruptcy And Insolvency, 2018 University of Michigan Law School
Fiduciary Duties In Bankruptcy And Insolvency, John A. E. Pottow
Law & Economics Working Papers
Insolvency law (bankruptcy law to some) moves so quickly in the cross-border realm that this piece's discussion, started in 2015, is probably already outdated. Nonetheless, I publish it unrepentently because it turns overdue attention to the role of soft law in this domain. Building on earlier work in which I address the role of incrementalism, I discuss the marked success of the UNCITRAL Model Law on Cross-Border Insolvency and its cognate Insolvency Regulation in the EU (the latter now into its "Recast"). As predicted/hoped, the EU Recast, joining other contemporaneous reform projects, is building upon the scaffolding of legal doctrines …
Time Bandits: The Seventh Circuit Gets It Wrong By Allowing Debt Purchasers To Escape Fdcpa Liability For Filing Time-Barred Proofs Of Claim In Chapter 13 Bankruptcies, 2018 IIT Chicago-Kent College of Law
Time Bandits: The Seventh Circuit Gets It Wrong By Allowing Debt Purchasers To Escape Fdcpa Liability For Filing Time-Barred Proofs Of Claim In Chapter 13 Bankruptcies, Jeffrey Michalik
Chicago-Kent Law Review
Debt purchasers can use debtors’ bankruptcies to profit from stale, otherwise unenforceable debt. Although state statutes of limitations bar legal enforcement of this debt, predictable breakdowns of the bankruptcy process mean that the debtor might be forced to pay anyway. Courts have determined that this scheme does not violate the Fair Debt Collection Practices Act, allowing debt purchasers to continue this scheme without repercussion.
Tracing Equity: Realizing And Allocating Value In Chapter 11, 2018 Brooklyn Law School
Tracing Equity: Realizing And Allocating Value In Chapter 11, Edward J. Janger, Melissa B. Jacoby
Faculty Scholarship
No abstract provided.
Agen Viagra Asli Usa 0821-6765-4444 Obat Tahan Lama Di Bali , Denpasar Cod, 2018 St. Mary's University, San Antonio, TX
Agen Viagra Asli Usa 0821-6765-4444 Obat Tahan Lama Di Bali , Denpasar Cod, Rt Satu
TOKO OBAT VITALITAS BALI
Event Program, 2018 Emory University School of Law
Event Program, Emory Bankruptcy Developments Journal
Emory Bankruptcy Developments Journal Symposia & Workshops
The Fifteenth Annual
EMORY BANKRUPTCY DEVELOPMENTS JOURNAL SYMPOSIUM
February 22, 2018 | 8:00 a.m. to 1:00 p.m. | Tull Auditorium
The Fresh Start Canon, 2018 University of Florida Levin College of Law
The Fresh Start Canon, Jonathon S. Byington
Florida Law Review
A primary policy of bankruptcy law is to give consumer debtors a “fresh start” by discharging their debt. A rival policy is that the discharge of debt is a selectively conferred privilege that is not granted in some situations. For example, society is unwilling to pardon debt related to embezzlement or a domestic-support obligation. This “discharge restrictions” policy is manifested in part by the Bankruptcy Code’s exceptions to discharge. The U.S. Supreme Court has repeatedly recognized the tension between the fresh start and discharge restriction policies. It has sought to achieve a fair balance between these policies by applying a …
Dawn Of The Debt: The Increasing Problem Of Creditors Infecting The Discharge Injunction With Zombie Debt, 2018 University of Maine School of Law
Dawn Of The Debt: The Increasing Problem Of Creditors Infecting The Discharge Injunction With Zombie Debt, Micah A. Smart
Maine Law Review
The discharge injunction is an integral aspect of the “fresh start” that bankruptcy affords to many debtors. But there has been a growing threat to the viability of the bankruptcy discharge: zombie debt! Just when honest but unfortunate debtors think they have finally laid their overdue financial obligations to rest and moved on with their lives, zombie debt comes back to life in form of outdated and misleading credit reports that some debt collectors have been using to coerce payment on debts that should have died years prior. This Article discusses the motivation behind these questionable collection tactics and potential …