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Full-Text Articles in Law

Not So Fast, Senator! How To Really Solve The Student-Loan Debt Crisis, Daniel Austin Oct 2013

Not So Fast, Senator! How To Really Solve The Student-Loan Debt Crisis, Daniel Austin

Daniel A. Austin

No abstract provided.


Iflas And Chapter 11: Classical Islamic Law And Modern Bankruptcy, Abed Awad, Robert Michael Aug 2013

Iflas And Chapter 11: Classical Islamic Law And Modern Bankruptcy, Abed Awad, Robert Michael

Robert E Michael

There is no question that the orderly development of Islamic finance will require finding ways to amalgamate the classical Islamic law of bankruptcy with the needs of the modern Islamic finance industry. The unreasonable reliance on ever-expanding opportunities has disappeared along with the global credit markets. It is therefore inescapable that loss scenarios must be dealt with. That in turn means effective bankruptcy laws. We hope this article will help foster the effort.


Do Inherited Iras Protect Assets Well?, Lindsey Paige Markus, Assistance From Evan D. Blewett Jun 2013

Do Inherited Iras Protect Assets Well?, Lindsey Paige Markus, Assistance From Evan D. Blewett

Evan Blewett

Whether a client has a complex or simple estate plan, failure to properly address a retirement plan (IRA) beneficiary designation may cause havoc. Regardless of what a client’s estate plan may say, the beneficiary designation under the client’s IRA governs.


‘Don’T File!’: Rehabilitating Unauthorized Practice Of Law-Based Policies In The Credit Counseling Industry, Lea Krivinskas Shepard Apr 2013

‘Don’T File!’: Rehabilitating Unauthorized Practice Of Law-Based Policies In The Credit Counseling Industry, Lea Krivinskas Shepard

Lea Krivinskas Shepard

No abstract provided.


The Indentured Generation: Bankruptcy And Student Loan Debt, Daniel Austin Dec 2012

The Indentured Generation: Bankruptcy And Student Loan Debt, Daniel Austin

Daniel A. Austin

A generation of Americans has borrowed heavily for their education, and hundreds of thousands of them are deeply in debt. Some 37 million Americans owe a total of approximately $1 trillion dollars in student loans. They constitute an Indentured Generation as many of them will be paying student loan debt for much of their lives. Some will eventually pay their loans, others will obtain full or partial loan forgiveness, and many will default or die before completing payments. Members of the Indentured Generation in particularly dire circumstances will look to consumer bankruptcy for relief. But with very few exceptions, student …


Involuntary Bankruptcy As Debt Collection: Multi-Jurisdictional Lessons In Choosing The Right Tool For The Job, Adrian Walters Dec 2012

Involuntary Bankruptcy As Debt Collection: Multi-Jurisdictional Lessons In Choosing The Right Tool For The Job, Adrian Walters

Adrian J Walters

This paper contrasts the usage of creditor-initiated or 'involuntary' bankruptcy in England, the Netherlands and the United States, and it presents empirical evidence to reveal and explain stark divergences among these three otherwise very similar systems. US practice is consistent with the hypothesis that involuntary bankruptcy should represent a rare exception to the ordinary process of individual claims enforcement. Elevated levels of involuntary bankruptcy in England and the Netherlands pose a theoretical and practical conundrum. Analysis of empirical data suggests that involuntary bankruptcy is commonly used in England and the Netherlands for deleterious purposes inconsistent with the modern goals of …