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2,296 full-text articles. Page 5 of 47.

Bankruptcy, Honorable Harlin D. Hale, Amber M. Carson 2017 Northern District of Texas

Bankruptcy, Honorable Harlin D. Hale, Amber M. Carson

SMU Annual Texas Survey

No abstract provided.


Golden Creditors, Copper Rules: An Analysis Of Avoidance Actions Under Section 544(B) Of The Bankruptcy Code In Cases Where A Federal Creditor Holds A Claim, John F. Rabe Jr. 2017 Brooklyn Law School

Golden Creditors, Copper Rules: An Analysis Of Avoidance Actions Under Section 544(B) Of The Bankruptcy Code In Cases Where A Federal Creditor Holds A Claim, John F. Rabe Jr.

Brooklyn Law Review

Section 544(b) of the Bankruptcy Code endows the trustee with the power to avoid fraudulent transfers that an unsecured creditor could have avoided under applicable law. Most states have adopted versions of the Uniform Fraudulent Conveyances Act (UFCA) or Uniform Fraudulent Transfers Act (UFTA) that impose four- or six-year statutes of limitations on private creditors seeking to unwind fraudulent transfers. Certain government creditors, however, have access to longer statutes of limitation than those available to their private counterparts. Federal creditors acting pursuant to the Federal Debt Collection Procedures Act (FDCPA) or Internal Revenue Code (IRC), for example, can avail ...


Rediscovering The Bankruptcy And Insolvency Power: Political And Constitutional Challenges To The Bankruptcy Act, 1919-1929, Thomas G. W. Telfer 2017 Western University

Rediscovering The Bankruptcy And Insolvency Power: Political And Constitutional Challenges To The Bankruptcy Act, 1919-1929, Thomas G. W. Telfer

Law Publications

No abstract provided.


National Study Of Individual Chapter 11 Bankruptcies, Richard M. Hynes, Anne Lawton, Margaret Howard 2017 Michigan State University College of Law

National Study Of Individual Chapter 11 Bankruptcies, Richard M. Hynes, Anne Lawton, Margaret Howard

Faculty Publications

No abstract provided.


The Triage And Treatment Of Healthcare Institutions In Distress: How To Involve State Regulators In Healthcare Bankruptcies And Receiverships, Brian P. Stern, Christopher J. Fragomeni 2017 R.I. Superior Court

The Triage And Treatment Of Healthcare Institutions In Distress: How To Involve State Regulators In Healthcare Bankruptcies And Receiverships, Brian P. Stern, Christopher J. Fragomeni

Roger Williams University Law Review

No abstract provided.


The Apps For Justice Project: Employing Design Thinking To Narrow The Access To Justice Gap, Lois R. Lupica 2017 University of Maine School of Law

The Apps For Justice Project: Employing Design Thinking To Narrow The Access To Justice Gap, Lois R. Lupica

Faculty Publications

The lack of available resources to make civil justice available to all, coupled with the fact that existing strategies fail to account for the research on cognitive capacity and other deployment challenges faced by the poor, explain in large part why a high percentage of low-income individuals facing legal problems fail to take action to respond to their legal problems. Such a failure to respond in a timely fashion to a nascent legal problem can lead to an escalation of the initial problem and the emergence of new ones.

The access-to-justice community has begun to respond to this intensifying crisis ...


What We Want In A Judge, T. J. Mullin 2017 Washington University in St. Louis

What We Want In A Judge, T. J. Mullin

Washington University Journal of Law & Policy

This Article recognizes the current state of bankruptcy courts and the qualities that make Judge Barry Schermer a quintessential figure in adjudicating these types of cases. Mullin describes important qualities needed in a bankruptcy judge including morality and integrity, as well as versatility and predictability, among others. The Author confirms these qualities in Judge Schermer, as well the additional qualities of patience and the ability to reverse a decision he feels was incorrect.


Beyond The Great Divide: Federalism Concerns In Municipal Insolvency, Andrew B. Dawson 2017 University of Miami School of Law

Beyond The Great Divide: Federalism Concerns In Municipal Insolvency, Andrew B. Dawson

Articles

No abstract provided.


"No Money Down" Bankruptcy, Pamela Foohey, Robert M. Lawless, Katherine Porter, Deborah Thorne 2017 Indiana University Maurer School of Law

"No Money Down" Bankruptcy, Pamela Foohey, Robert M. Lawless, Katherine Porter, Deborah Thorne

Articles by Maurer Faculty

This Article reports on a breakdown in access to justice in bankruptcy, a system from which one million Americans will seek help this year. A crucial decision for these consumers will be whether to file a chapter 7 or chapter 13 bankruptcy. Nearly every aspect of their bankruptcies — both the benefits and the burdens of debt relief — will be different in chapter 7 versus chapter 13. Almost all consumers will hire a bankruptcy attorney. Because they must pay their attorneys, many consumers will file chapter 13 to finance their access to the law, rather than because they prefer the law ...


Lender Discrimination, Black Churches And Bankruptcy, Pamela Foohey 2017 Indiana University Maurer School of Law

Lender Discrimination, Black Churches And Bankruptcy, Pamela Foohey

Articles by Maurer Faculty

Based on my original empirical research, in this Article, I expose a disparity between the demographics of the roughly 650 religious congregations that have filed for chapter 11 bankruptcy during part of the last decade and congregations nationwide. Churches with predominately black membership — Black Churches — appeared in chapter 11 more than three times as often as they appear among churches across the country. A conservative estimate of the percentage of Black Churches among religious congregation chapter 11 debtors is 60%. The likely percentage is upward of 75%. Black Churches account for 21% of congregations nationwide.

Why are Black Churches filing ...


Rethinking Chapter 13, Lawrence Ponoroff 2017 Michigan State University College of Law

Rethinking Chapter 13, Lawrence Ponoroff

Faculty Publications

No abstract provided.


Tripping The Light Fantastic: A Comparative Analysis Of The European Commission's Proposals For New And Interim Financing Of Insolvent Businesses, Jennifer Payne, Janis P. Sarra 2017 Allard School of Law at the University of British Columbia

Tripping The Light Fantastic: A Comparative Analysis Of The European Commission's Proposals For New And Interim Financing Of Insolvent Businesses, Jennifer Payne, Janis P. Sarra

Faculty Publications

The European Commission published a draft Directive in November 2016, with the aim of ensuring that all Member States have in place an effective mechanism for dealing with viable, but financially distressed, businesses. The draft Directive includes provisions designed to encourage financing for the debtor company, both interim financing to “keep the lights on” for a brief period while the debtor negotiates with its creditors for a resolution to its financial distress, and where possible, to finance implementation of a restructuring plan, called “new financing” in the draft Directive. Creating such a financing regime is a complex and difficult issue ...


The Fresh Start Canon, Jonathon S. Byington 2017 Alexander Blewett III School of Law at the University of Montana

The Fresh Start Canon, Jonathon S. Byington

Faculty Law Review Articles

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 ...


Barry S. Schermer: Lessons In Life And Law, Tom K. O'Loughlin II 2017 Washington University in St. Louis

Barry S. Schermer: Lessons In Life And Law, Tom K. O'Loughlin Ii

Washington University Journal of Law & Policy

The Article recounts some judicial and life lessons attributed to Judge Barry Schermer. O’Loughlin recounts his initial and subsequent interactions with Judge Schermer in Cape Girardeau, Missouri, and how these moments have shown the Author a bevvy of important things to keep in mind in his practice.


Barry Schermer: His Consumer Bankruptcy Greatest Hits, Wendell J. Sherk, Kathy A. Surratt-States 2017 Chief Judge of the U.S. Bankruptcy Court for the Eastern District of Missouri

Barry Schermer: His Consumer Bankruptcy Greatest Hits, Wendell J. Sherk, Kathy A. Surratt-States

Washington University Journal of Law & Policy

This Article reflects on major decisions given by Judge Barry Schermer in the field of consumer bankruptcy. Sherk and Surrat-States focus on In re Copman, In re Wilmsmeyer, In re Mitchell, and In re Long, and how Judge Schermer’s decisions and influence were helpful within and beyond the Eastern District of Missouri Bankruptcy Court. The Article concludes Judger Schermer has had an important role in shaping the niche are of consumer bankruptcy law over his thirty years of tenure.


Judge Schermer And The Creation Of The United States Bankruptcy Appellate Panel For The Eighth Circuit, Robert J. Kressel 2017 United States Bankruptcy Judge for the District of Minnesota

Judge Schermer And The Creation Of The United States Bankruptcy Appellate Panel For The Eighth Circuit, Robert J. Kressel

Washington University Journal of Law & Policy

This Article examines the influence Judge Barry Schermer had on the then-newly created United States Bankruptcy Appellate Panel for the Eighth Circuit. Judge Kressel begins by noting the unique role the Appellate Panel has, as it has concurrent jurisdiction with the district court of appeals from the bankruptcy courts in the circuit, and not all circuits have these panels. The Author concludes Schermer’s dedication to bankruptcy law helped shape the roles of these panels, which is further suggested by Judge Schermer’s recent appointment to a fourth seven-year term in this role.


The Examiner – Back To The Future, Lloyd A. Palans 2017 Washington University in St. Louis

The Examiner – Back To The Future, Lloyd A. Palans

Washington University Journal of Law & Policy

This Article examines the role Judge Barry Schermer played in crafting the role of an examiner under the then-new Bankruptcy Code section 1104(c). Palans revisits Jude Schermer’s appointment of an examiner and the parameters given to that role in In re Apex Oil. The Author concludes Judge Schermer’s authorization to give an examiner a flexible role, empowered in the interest of assisting the parties involved, was a forward-thinking way of setting up an investigator and mediator for the efficient administration of justice.


The Cerebral Hercules And The Bankruptcy Hydra: How Judge Schermer Slayed A Multi-Headed Monster While Deep In The Heart Of Texas (And What Any Of This Lone Star State-Grecian Hero Analogy Has To Do With Just A Little Bit Of Yiddish), Charles E. Rendlen III, Abigail B. Willie 2017 Judge on the U.S. Bankruptcy Court for the Eastern District of Missouri

The Cerebral Hercules And The Bankruptcy Hydra: How Judge Schermer Slayed A Multi-Headed Monster While Deep In The Heart Of Texas (And What Any Of This Lone Star State-Grecian Hero Analogy Has To Do With Just A Little Bit Of Yiddish), Charles E. Rendlen Iii, Abigail B. Willie

Washington University Journal of Law & Policy

This Article revisits Judge Barry Schermer’s approaches to complex matters as a bankruptcy mediator. In Part I, Judge Rendlen explains Judge Schermer’s jurisprudence while mediating the particularly complicated Chapter 11 bankruptcy case, In re U.S. Fidelis, Inc., which helped attain a decision that prevented the estate’s assets drying up in litigation and protect hundreds of thousands of victims of deceptive practices by U.S. Fidelis. In Part II, Willie attests to Judge Schermer’s humanity, which allows him to focus on important underlying matters rather than simply attaining a resolution.


How Not To Use The Involuntary Bankruptcy Process, Michael A. Friedman Esq., Allison R. Day 2017 Washington University in St. Louis

How Not To Use The Involuntary Bankruptcy Process, Michael A. Friedman Esq., Allison R. Day

Washington University Journal of Law & Policy

This Article evaluates the issues arising under 11 U.S.C. § 303, which governs involuntary bankruptcies. The Authors being by presenting an overview of commencing an involuntary bankruptcy case, as highlighted by the lengthy litigation inspired by Rosenberg v. DVI Receivable XVII, LLC and its dismissal. The Article concludes that the current state of § 303 can open additional litigation replete with costs, awards, fees, and other bad-faith damages, and creditors should exercise caution before pursuing involuntary bankruptcy, especially it it’s likely to fair for meeting the statutory requirements.


What Makes A Good Teacher?, David L. Going 2017 Washington University in St. Louis

What Makes A Good Teacher?, David L. Going

Washington University Journal of Law & Policy

This Article explores Judge Barry Schermer’s approach to teaching, both in the courtroom and in the classroom. Going recounts some of his interactions before Schermer during his practice as well as teaching alongside him at Washington University School of Law. The Author narrows on Schermer’s performance as an animated and committed teacher, as well as his kind and approachable demeanor, as ways of drawing both students and advocates into the intricacies of bankruptcy law.


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