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2,184 full-text articles. Page 45 of 45.

Yellowstone Mountain Club, Benjamin Signer, Paul Wehmeier, Joseph Whelan 2010 University of Tennessee, Knoxville

Yellowstone Mountain Club, Benjamin Signer, Paul Wehmeier, Joseph Whelan

Chapter 11 Bankruptcy Case Studies

No abstract provided.


Saving Up For Bankruptcy, Ronald J. Mann, Katherine Porter 2010 Columbia Law School

Saving Up For Bankruptcy, Ronald J. Mann, Katherine Porter

Faculty Scholarship

Bankruptcy is a numbers game. Policymaking, public perception, and the scholarly literature are captivated with the number of annual bankruptcy filings, which hit one million in 2008.1 The number of annual bankruptcy filings has become a barometer of economic health, reflecting an implicit assumption that bankruptcy is a useful proxy for financial distress.

But at the level of the individual family, the causative relation between financial distress and bankruptcy filings is unclear. On the one hand, only a fraction of those in serious financial distress will ever file for bankruptcy. For example, a study by Michelle White examined a ...


Rethinking Professional Fees In Chapter 11 Cases, Nancy B. Rapoport 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Rethinking Professional Fees In Chapter 11 Cases, Nancy B. Rapoport

Scholarly Works

This article discusses the many ways in which professional fees can spiral out of control in chapter 11 bankruptcy cases and evaluates the possible ways to monitor and control those fees.


The Global Financial Crisis And The Call For Reform Of Insolvency Law Systems, Adrian Walters 2009 Chicago-Kent College of Law

The Global Financial Crisis And The Call For Reform Of Insolvency Law Systems, Adrian Walters

Adrian J Walters

No abstract provided.


Directors' Disqualification And Insolvency Restrictions, Adrian Walters 2009 Chicago-Kent College of Law

Directors' Disqualification And Insolvency Restrictions, Adrian Walters

Adrian J Walters

No abstract provided.


Bankruptcy Overview: Issues, Law And Policy, Juliet Moringiello 2009 Widener Law

Bankruptcy Overview: Issues, Law And Policy, Juliet Moringiello

Juliet M Moringiello

No abstract provided.


Silos, Corporate Law, And Bankruptcy Law, Lawrence Hamermesh 2009 Widener Law

Silos, Corporate Law, And Bankruptcy Law, Lawrence Hamermesh

Lawrence A. Hamermesh

No abstract provided.


"Bankruptcy Tourism" Under The Ec Regulation On Insolvency Proceedings: A View From England And Wales, Adrian Walters 2009 Chicago-Kent College of Law

"Bankruptcy Tourism" Under The Ec Regulation On Insolvency Proceedings: A View From England And Wales, Adrian Walters

Adrian J Walters

No abstract provided.


Duty To Report Attorney Misconduct, Luke M. Scheuer 2009 Selected Works

Duty To Report Attorney Misconduct, Luke M. Scheuer

Luke M Scheuer

No abstract provided.


Managing Medical Bills On The Brink Of Bankruptcy, Melissa B. Jacoby, Mirya Holman 2009 University of North Carolina at Chapel Hill

Managing Medical Bills On The Brink Of Bankruptcy, Melissa B. Jacoby, Mirya Holman

Melissa B. Jacoby

This paper presents original empirical evidence on financial interactions between medical providers and their patients who go bankrupt. We use a nationally representative sample of people who filed for bankruptcy in 2007 to compare two popular but hotly contested methods of measuring medical burden. By applying both methods to the same filers, we find that nearly four out of five respondents had some financial obligation for medical care not covered by insurance in the two years prior to filing as measured by the survey method. The court record method paints a different picture, with only half of the cases containing ...


Trusts Versus Corporations: An Empirical Analysis Of Competing Organizational Forms, A. Joseph Warburton 2009 Syracuse University

Trusts Versus Corporations: An Empirical Analysis Of Competing Organizational Forms, A. Joseph Warburton

A. Joseph Warburton

This paper studies the effects of organizational form on managerial behavior and firm performance, from an empirical perspective. Managers of trusts are subject to stricter fiduciary responsibilities than managers of corporations. This paper examines the ramifications empirically, by exploiting data generated by a change in British regulations in the 1990s that allowed mutual funds to organize as either a trust or a corporation. I find evidence that trust law is effective in curtailing opportunistic behavior, as trust managers charge significantly lower fees than their observationally equivalent corporate counterparts. Trust managers also incur lower risk. However, evidence suggests that trust managers ...


Ada Employment Discrimination Claims Addressed In Rederford V. Us Airways, Pamela Foohey 2009 Indiana University Maurer School of Law

Ada Employment Discrimination Claims Addressed In Rederford V. Us Airways, Pamela Foohey

Pamela Foohey

On Dec. 14, 2009, in Rederford v. US Airways Inc., a case of first impression, the U.S. Court of Appeals for the First Circuit ruled that the remedy of reinstatement for employment discrimination under title I of the Americans with Disabilities Act (ADA) against a company in bankruptcy is a dischargeable prepetition bankruptcy claim. Its decision reaffirmed the Bankruptcy Code’s broad policies of affording debtors a fresh start and ensuring that creditors are treated evenhandedly. In advancing these broad principles, the First Circuit faced the ADA’s conflicting and equally expansive policies – policies that it was forced to ...


Black Tuesday And Graying The Legitimacy Line For Governmental Intervention: When Tomorrow Is Just A Future Yesterday, Donald J. Kochan 2009 Chapman University School of Law

Black Tuesday And Graying The Legitimacy Line For Governmental Intervention: When Tomorrow Is Just A Future Yesterday, Donald J. Kochan

Donald J. Kochan

Black Tuesday in October 1929 marked a major crisis in American history. As we face current economic woes, it is appropriate to recall not only the event but also reflect on how it altered the legal landscape and the change it precipitated in the acceptance of governmental intervention into the marketplace. Perceived or real crises can cause us to dance between free markets and regulatory power. Much like the events of 1929, current financial concerns have led to new, unprecedented governmental intervention into the private sector. This Article seeks caution, on the basis of history, arguing that fear and crisis ...


Recent Developments In Judicial Estoppel And Dismissal Of Employment Discrimination Suits, Pamela Foohey 2009 Indiana University Maurer School of Law

Recent Developments In Judicial Estoppel And Dismissal Of Employment Discrimination Suits, Pamela Foohey

Pamela Foohey

Judicial estoppel may apply where an individual debtor fails to disclose a pending employment discrimination lawsuit on his or her bankruptcy schedules, effectively asserting a position before the bankruptcy court that the litigation does not exist. In these instances, courts are faced with judicial estoppel’s directive to protect the integrity of the judicial system from perversion and mockery and the Bankruptcy Code’s fundamental principle of the necessity of full disclosure by the debtor, and the Code’s countervailing directive to carry out the orderly and equitable repayment of a debtor’s creditors.

Because both federal and state courts ...


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