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2150 full-text articles. Page 5 of 45.

Feasibility In Chapter X Reorganizations, David R. King 2016 Selected Works

Feasibility In Chapter X Reorganizations, David R. King

David King

No abstract provided.


Ethics For Examiners, Daniel J. Bussel 2016 UCLA School of Law

Ethics For Examiners, Daniel J. Bussel

Fordham Law Review

The inquisitorial bankruptcy examiner is sui generis in our system. He faces unique ethical quandaries and considerations, which require a code of ethics tailored to his role if he is to achieve fully the promise of improving Chapter 11 through the introduction of inquisitorial investigative methods. This Article attempts to point the way toward guidelines that will regulate the conduct of examiners to mitigate real, potential, and perceived abuses.


After Debt: A Path Forward For Puerto Rico, David A. Skeel 2016 University of Pennsylvania Law School

After Debt: A Path Forward For Puerto Rico, David A. Skeel

Penn Wharton Public Policy Initiative

This Issue Brief summarizes events surrounding the current debt crisis in Puerto Rico and presents a two-step plan for restructuring Puerto Rico’s debt and encouraging more effective governance. This plan draws extensively on the previous experiences of debt crises in municipalities on the U.S. mainland. Step one entails the creation of a financial control board (FCB) for Puerto Rico, monitored by the U.S. federal government but involving significant Puerto Rican representation. Step two would be for Congress either to craft a restructuring framework applicable to all of America’s territories, or to extend the existing bankruptcy laws ...


Micro, Small And Medium Enterprise (Msme) Insolvency In Canada, Janis P. Sarra 2016 Allard School of Law at the University of British Columbia

Micro, Small And Medium Enterprise (Msme) Insolvency In Canada, Janis P. Sarra

Faculty Publications

Insolvency law is broadly recognized as an essential tool in well-functioning economies. A balance of mechanisms that allow for timely and effective liquidation, but also for a “fresh start” for individual entrepreneurs and the rehabilitation of viable businesses, tends to enhance creditor recoveries and lender confidence. This study examines the treatment of micro, small and medium enterprises (“MSME”) under the Canada Bankruptcy and Insolvency Act. It undertakes a qualitative examination of 200 business insolvencies in 2015, in order to try to understand the reasons for insolvency, types of debt, and outcomes of proceedings. The study reports on the results of ...


A Petrobras NãO Conseguirá Renegociar A Sua DíVida, Bruno Meyerhof Salama 2016 FGV Law School in Sao Paulo

A Petrobras NãO Conseguirá Renegociar A Sua DíVida, Bruno Meyerhof Salama

Bruno Meyerhof Salama

A Petrobrás dificilmente conseguirá renegociar sua dívida com os bancos. E boa parte do problema pode ser atribuído a um fato que costuma passar despercebido: não existe regime de insolvência aplicável às estatais.


Making Assignments For The Benefit Of Creditors As Easy As A-B-C, Carly Landon 2016 Fordham University School of Law

Making Assignments For The Benefit Of Creditors As Easy As A-B-C, Carly Landon

Fordham Urban Law Journal

No abstract provided.


An Analysis Of The Treatment Of Employees Pension And Wage Claims In Insolvency And Under Guarantee Schemes In Oecd Countries: Comparative Law Lessons For Detroit And The United States, Paul M. Secunda 2016 Marquette University Law School

An Analysis Of The Treatment Of Employees Pension And Wage Claims In Insolvency And Under Guarantee Schemes In Oecd Countries: Comparative Law Lessons For Detroit And The United States, Paul M. Secunda

Fordham Urban Law Journal

No abstract provided.


The Detroit Bankruptcy, Pre-Eligibility, Melissa B. Jacoby 2016 University of North Carolina at Chapel Hill

The Detroit Bankruptcy, Pre-Eligibility, Melissa B. Jacoby

Fordham Urban Law Journal

No abstract provided.


Response To Professor Paul Secunda's Comparatice Analysis Of The Treatment Of Employment Claims In Insolvency Proceedings And Guarantee Schemes In Oecd Countries, Israel Goldowitz 2016 Personal Benefit Guaranty Corporation

Response To Professor Paul Secunda's Comparatice Analysis Of The Treatment Of Employment Claims In Insolvency Proceedings And Guarantee Schemes In Oecd Countries, Israel Goldowitz

Fordham Urban Law Journal

No abstract provided.


Zombieland/The Detroit Bankruptcy: Why Debts Associated With Pensions, Benefits, And Municipal Securities Never Die. . . And How They Are Killing Cities Like Detroit, Christine Sgarlata Chung 2016 Fordham Law School

Zombieland/The Detroit Bankruptcy: Why Debts Associated With Pensions, Benefits, And Municipal Securities Never Die. . . And How They Are Killing Cities Like Detroit, Christine Sgarlata Chung

Fordham Urban Law Journal

No abstract provided.


Resolving The Public Pension "Crisis", Jack M. Beermann 2016 Boston University School of Law

Resolving The Public Pension "Crisis", Jack M. Beermann

Fordham Urban Law Journal

No abstract provided.


Modifying Or Terminating Pension Plans Through Chapter 9 Bankruptcies With A Focus On California, Joanne Lau 2016 Fordham University School of Law

Modifying Or Terminating Pension Plans Through Chapter 9 Bankruptcies With A Focus On California, Joanne Lau

Fordham Urban Law Journal

No abstract provided.


A Two-Step Plan For Puerto Rico, Clayton P. Gillette, David A. Skeel Jr. 2016 New York University School of Law

A Two-Step Plan For Puerto Rico, Clayton P. Gillette, David A. Skeel Jr.

Faculty Scholarship

Few still believe that Puerto Rico is capable of meeting all of its financial obligations and continuing to provide basic services. The territory is already in default, and conditions are rapidly deteriorating. Is there a way forward? We think there is. In this short article, we outline a two-part plan for correcting Puerto Rico’s most urgent fiscal and financial problems.

The first step is to create an independent financial control board that has authority over Puerto Rico’s budgets and related issues. Notwithstanding concerns that an externally imposed financial control board (FCB) may interfere with the decision making processes ...


Bringing Continuity To Cryptocurrency: Commercial Law As A Guide To The Asset Categorization Of Bitcoin, Evan Hewitt 2016 Seattle University School of Law

Bringing Continuity To Cryptocurrency: Commercial Law As A Guide To The Asset Categorization Of Bitcoin, Evan Hewitt

Seattle University Law Review

This Note will undertake to analyze bitcoin under the Uniform Commercial Code (UCC) and the Internal Revenue Code (IRC)—two important sources of commercial law—to see whether any existing asset categories adequately protect bitcoin’s commercial viability. This Note will demonstrate that although commercial law dictates that bitcoin should—nay must—be regulated as a currency in order to sustain its existence, the very definition of currency seems to preclude that from happening. Therefore, this Note will recommend that we experiment with a new type of asset that receives currency-like treatment, specifically designed for cryptocurrencies, under which bitcoin can ...


With Malice Toward One? – Defining Nondischargeability Of Debts For Willful And Malicious Injury Under Section 523(A)(6) Of The Bankrupcy Code, Theresa J. Pulley Radwan 2016 College of William & Mary Law School

With Malice Toward One? – Defining Nondischargeability Of Debts For Willful And Malicious Injury Under Section 523(A)(6) Of The Bankrupcy Code, Theresa J. Pulley Radwan

William & Mary Business Law Review

The federal bankruptcy system strikes a balance between the rights of debtors seeking a fresh start and the rights of creditors seeking repayment for debt. While many areas of the Bankruptcy Code provide examples of this balancing act, perhaps no area of the Code embodies this balance better than discharge of debt. Discharge of debt provides the fresh start for debtors on which the bankruptcy system rests, but the Code also protects the interests of creditors who would otherwise have their claims against the debtor discharged.

Section 523(a)(6) excepts from discharge any debt “for willful and malicious injury ...


From Wreckage Comes Reason: How Detroit’S Chapter 9 Filing Helps Develop A Practicable And Principled “Good Faith” Standard, Scott A. Krystiniak 2016 College of William & Mary Law School

From Wreckage Comes Reason: How Detroit’S Chapter 9 Filing Helps Develop A Practicable And Principled “Good Faith” Standard, Scott A. Krystiniak

William & Mary Business Law Review

The city of Detroit is beginning to rise from the ashes following decades of fiscal ineptitude, social failure, and corruption. Bolstered by protections under Chapter 9 of the Bankruptcy Code, Detroit has eliminated billions of dollars in debt and established a feasible plan for municipal reorganization. Now, Detroit is even considered an American “comeback story.” However, Detroit’s revitalization began on a tenuous foundation. The city’s creditors objected vigorously to the bankruptcy petition by claiming that Detroit had not filed its bankruptcy petition in good faith under § 921(c). Despite the relatively scarce and imprecise case law and jurisprudence ...


A "Sunbeam" Of Hope: The Seventh Circuit's Solution Overcoming Disparaging Treatment To Trademark Licenses Under The Bankruptcy Code, Jarrod N. Cone 2016 University of Georgia School of Law

A "Sunbeam" Of Hope: The Seventh Circuit's Solution Overcoming Disparaging Treatment To Trademark Licenses Under The Bankruptcy Code, Jarrod N. Cone

Journal of Intellectual Property Law

No abstract provided.


The Mass Tort Bankruptcy: A Pre-History, Troy A. McKenzie 2016 NYU School of Law

The Mass Tort Bankruptcy: A Pre-History, Troy A. Mckenzie

New York University Public Law and Legal Theory Working Papers

The history of insolvency schemes as mass tort resolution devices is generally said to begin with the asbestos bankruptcies of the 1980s. This Article brings to light a much earlier example of the resolution of mass tort claims through another insolvency scheme—the equity receivership—that was a precursor to Chapter 11 of the Bankruptcy Code. The Article recounts the creation of a receivership after a fire at the Ringling Brothers circus killed and injured hundreds of spectators. It also describes the maneuvers of the key actors in the case and the legal landscape that explained their resort to a ...


Vindicating Bankruptcy Rights, Kara J. Bruce 2016 University of Maryland Francis King Carey School of Law

Vindicating Bankruptcy Rights, Kara J. Bruce

Maryland Law Review

No abstract provided.


Organisationsmängel In Der Praxis – Ausgewählte Aspekte Zu Art. 731b Or Aus Sicht Des Handelsregisters Und Der Rechtsprechung [Defects In The Organization Of Companies According To Article 731b Of The Swiss Code Of Obligations – Advice From The Commercial Registrar And Relevant Case Law], Lukas Mueller 2016 Selected Works

Organisationsmängel In Der Praxis – Ausgewählte Aspekte Zu Art. 731b Or Aus Sicht Des Handelsregisters Und Der Rechtsprechung [Defects In The Organization Of Companies According To Article 731b Of The Swiss Code Of Obligations – Advice From The Commercial Registrar And Relevant Case Law], Lukas Mueller

Lukas Mueller

English Abstract: Week after week, many lawsuits are being filed due to defects in the organization of companies. If a company does not have the required corporate body (for example, a board of directors or a mandatory auditor) or if the composition of one of these corporate bodies does not comply with the law, Article 731b of the Swiss Code of Obligations (CO) and Article 154 of the Ordinance of the Commercial Register (OCR) require that the commercial registrar requests the court to take the required measures if these companies do not remedy their organizational defects. The court may then ...


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