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Full-Text Articles in Law

Speaker, “Fighting For The Debtor’S Soul: Church Autonomy, Religious Arbitration And Bankruptcy’S Automatic Stay”, Michael Helfand Nov 2010

Speaker, “Fighting For The Debtor’S Soul: Church Autonomy, Religious Arbitration And Bankruptcy’S Automatic Stay”, Michael Helfand

Michael A Helfand

No abstract provided.


Compliance Requirements For Chinese Automobile Market Players, Tao Liang Oct 2010

Compliance Requirements For Chinese Automobile Market Players, Tao Liang

Tao LIANG

Since November 2009, China has passed the United States to become the biggest automobile market in the world. At the same time, China has also surpassed Japan as the largest automobile manufacturer around the world with an annual manufacture capacity of 13.759 million automobiles. In consideration of the importance of the Chinese automobile market, several international automobile giants, including Volkswagen, Toyota, GM, Chrysler, Ford and so on, are injecting more and more capitals, technology and other kind of resources into Chinese market in order to seize a bigger market share within China to leverage their business performance on a global …


Foreign Investment Catalogues And Investment Environment In China, Tao Liang Oct 2010

Foreign Investment Catalogues And Investment Environment In China, Tao Liang

Tao LIANG

On 23 December 2008, the National Development and Reform Commission (“NDRC”) and Ministry of Commerce (“MOFCOM”) of People’s Republic of China jointly issued Catalogue of Foreign Investment Advantageous Industries in Central and Western China (“Central and Western Catalogue”), which became effective on 1 January 2009. This marks the second revision to the Central and Western Catalogue since its first promulgation in 2000 (the previous revision occurred in 2004). The Central and Western Catalogue was issued to supplement the Foreign Investment Industrial Guidance Catalogue (“Guidance Catalogue”) which was jointly revised by NDRC and MOFCOM on 31 October 2007 and became effective …


Conference Organizer, Anatomy Of A Distressed Business, Ingrid Hillinger Sep 2010

Conference Organizer, Anatomy Of A Distressed Business, Ingrid Hillinger

Ingrid Michelsen Hillinger

This was a student/new associate conference open to all in the First Circuit. Over 120 students attended and 40 insolvency professionals.


Committee Capture? An Empirical Analysis Of The Role Of Creditors' Committees In Business Reorganizations, Michelle Harner, Jamie Marincic Sep 2010

Committee Capture? An Empirical Analysis Of The Role Of Creditors' Committees In Business Reorganizations, Michelle Harner, Jamie Marincic

Michelle M. Harner

The number of businesses experiencing financial distress increased significantly during the past several years. The number of Chapter 11 reorganization cases likewise rose. And many of these business failures were spectacular, leaving little value for creditors and even less for shareholders. Consequently, how the business debtor’s limited asset pie is divided and who gets to allocate the pieces are very relevant and important questions.

The U.S. Bankruptcy Code generally contemplates the appointment of a committee of the debtors’ unsecured creditors to serve as a fiduciary for all general unsecured creditors and as a statutory watchdog over the debtor and its …


Faculty Colloquia, Spring 2009 Series, Alfred Brophy, Dennis Crouch, Zanita Fenton, Mitu Gulati, Scott Hershovitz, Christine Hurt, Joseph Miller, Juliet Moringiello, Robert Rhee, Robert Steinbuch, Brian Tamanaha Jul 2010

Faculty Colloquia, Spring 2009 Series, Alfred Brophy, Dennis Crouch, Zanita Fenton, Mitu Gulati, Scott Hershovitz, Christine Hurt, Joseph Miller, Juliet Moringiello, Robert Rhee, Robert Steinbuch, Brian Tamanaha

Robert Rhee

No abstract provided.


2010 Supreme Court Review, Ingrid Hillinger Jun 2010

2010 Supreme Court Review, Ingrid Hillinger

Ingrid Michelsen Hillinger

No abstract provided.


China's Approval Regime On Outbound Investment, Tao Liang May 2010

China's Approval Regime On Outbound Investment, Tao Liang

Tao LIANG

On February 26, 2010, the Ministry of Commerce of China (“MOFCOM”) issued the Guiding Opinions on 2010 Outbound Investment and Cooperation indicating that non-financial outbound direct investment amount increased by 6.5% from $40.7 billion in 2008 to $43.3 billion in 2009. Against the background of the severe international financial crisis and economic downturn in 2009, such growth of outbound investment is remarkable around the world. On March 28, 2010, after a drawn-out negotiation, Zhejiang Geely Holding Group Co., Ltd (“Geely Group”) executed a definitive agreement with Ford Motor Company (“Ford”) in the presence of Li Yizhong, Minister of the Ministry …


Important Bankruptcy-Article 9 Issues, Ingrid Hillinger Apr 2010

Important Bankruptcy-Article 9 Issues, Ingrid Hillinger

Ingrid Michelsen Hillinger

No abstract provided.


Making Debtor Remedies More Effective, Melissa B. Jacoby Apr 2010

Making Debtor Remedies More Effective, Melissa B. Jacoby

Melissa B. Jacoby

Commissioned for a conference on credit markets at Harvard Business School in February 2010, this paper explores functional system design and the role of lawyers and intermediaries in providing debtor remedies in a complex legal system. The thesis of this paper, which proceeds in the “law and society” tradition, is that the location of a remedial right within the debtor-creditor system substantially affects the costs and benefits of the remedy for debtors, creditors, the system, and society. In other words, merely adding specific substantive provisions does not directly translate into actual protection. Relatedly, policymakers must recognize that lawyers and other …


Trends In Distressed Debt Investing: An Empirical Study Of Investors' Objectives, Michelle M. Harner Mar 2010

Trends In Distressed Debt Investing: An Empirical Study Of Investors' Objectives, Michelle M. Harner

Michelle M. Harner

Increased creditor control in chapter 11 cases has generated considerable debate over the past several years. Proponents of creditor control argue that, among other things, it promotes efficiency in corporate reorganizations. Critics assert that it destroys corporate value and frequently forces otherwise viable entities to liquidate. The increasing involvement of professional distressed debt investors in chapter 11 cases has intensified this debate. In this article, I present and analyze empirical data regarding the investment practices and strategies of distressed debt investors. Based on this data and actual case reports, I reach two primary conclusions. First, although relatively few in number, …


The Corporate Governance And Public Policy Implications Of Activist Distressed Debt Investing, Michelle M. Harner Mar 2010

The Corporate Governance And Public Policy Implications Of Activist Distressed Debt Investing, Michelle M. Harner

Michelle M. Harner

Activist institutional investors traditionally have invested in a company's equity to try to influence change at the company. Some of these investors, however, are now purchasing a company's debt for this same purpose. They may seek to change a company's management and board personnel, operational strategies, asset holdings or capital structure. The chapter 11 bankruptcy cases of Allied Holdings, Inc. and its affiliates exemplify the strategies of activist distressed debt investors. In the Allied cases, Yucaipa Companies, a distressed debt investor, purchased approximately 66% of Allied's outstanding general unsecured bond debt. Yucaipa used this debt position to exert significant influence …


The Global Financial Crisis And The Call For Reform Of Insolvency Law Systems, Adrian Walters Dec 2009

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 Dec 2009

Directors' Disqualification And Insolvency Restrictions, Adrian Walters

Adrian J Walters

No abstract provided.


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

Bankruptcy Overview: Issues, Law And Policy, Juliet Moringiello

Juliet M Moringiello

No abstract provided.


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

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 Dec 2009

"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 Dec 2009

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 Dec 2009

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 …


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

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 …