Law Commons^™

Reward The Stalking Horse Or Preserve The Estate: Determining The Appropriate Standard Of Review For Awarding Break-Up Fees In § 363 Sales, Zachary Frimet

Zachary Frimet

Following the surge of bankruptcies in the wake of the Great Recession, a growing and somewhat controversial trend has emerged whereby companies seeking to purchase a debtor’s assets in bankruptcy frequently make use of Section 363 of the United States Bankruptcy Code (“§ 363”). In general, § 363 sales are accomplished via public auction. This aspect of § 363 exposes initial bidders, known in bankruptcy as “stalking horses bidders”, to the risk that they will commit time and resources in pursuit of the acquisition and yet fail to succeed as the prevailing bidder. To hedge against this risk, stalking horse …

Graduating With Debt: Student Loans Under The Bankruptcy Code, Daniel Austin, Susan Hauser

Daniel A. Austin

Student loan debt in the US exceeds $1.1 trillion — more than any other type of consumer debt except for mortgage loans — while new education lending continues at an explosive pace. In this book, the authors offer expert knowledge to enable bankruptcy and consumer credit professionals to assist clients in dealing with student loan debt. The book introduces readers to the basics of student loan debt, including different types of loans and loan-forgiveness programs, delinquency and default, and administrative and non-judicial remedies for borrowers having trouble repaying their loans.

Bankruptcy And The Myth Of "Uniform Laws", Daniel A. Austin

Daniel A. Austin

The Bankruptcy Clause of the Constitution empowers Congress to enact “uniform Laws on the subject of bankruptcies.” Common definitions of the word uniform include “always the same” and “not variable.” Yet the rights and remedies of debtors and creditors in a bankruptcy case vary significantly depending upon the state and federal jurisdiction in which the case is filed. Rather than a single uniform law of bankruptcy, the U.S. has multiple bankruptcy laws and regimes based upon geography.

The cause of bankruptcy nonuniformity lies in the structure of our bankruptcy system. Many sections of the Bankruptcy Code incorporate state law, which …

Asset Protection Devices: Twyne's Case Retold, Ingrid Hillinger, Claudia Tobler

Ingrid Michelsen Hillinger

No abstract provided.