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Articles 1 - 20 of 20
Full-Text Articles in Law
Speaker, “Fighting For The Debtor’S Soul: Church Autonomy, Religious Arbitration And Bankruptcy’S Automatic Stay”, Michael Helfand
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
Compliance Requirements For Chinese Automobile Market Players, Tao Liang
Tao LIANG
Foreign Investment Catalogues And Investment Environment In China, Tao Liang
Foreign Investment Catalogues And Investment Environment In China, Tao Liang
Tao LIANG
Conference Organizer, Anatomy Of A Distressed Business, Ingrid Hillinger
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
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
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
2010 Supreme Court Review, Ingrid Hillinger
Ingrid Michelsen Hillinger
No abstract provided.
China's Approval Regime On Outbound Investment, Tao Liang
China's Approval Regime On Outbound Investment, Tao Liang
Tao LIANG
Important Bankruptcy-Article 9 Issues, Ingrid Hillinger
Important Bankruptcy-Article 9 Issues, Ingrid Hillinger
Ingrid Michelsen Hillinger
No abstract provided.
Making Debtor Remedies More Effective, Melissa B. Jacoby
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
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
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
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
Directors' Disqualification And Insolvency Restrictions, Adrian Walters
Adrian J Walters
No abstract provided.
Bankruptcy Overview: Issues, Law And Policy, Juliet Moringiello
Bankruptcy Overview: Issues, Law And Policy, Juliet Moringiello
Juliet M Moringiello
No abstract provided.
Silos, Corporate Law, And Bankruptcy Law, Lawrence Hamermesh
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
"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
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
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
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 …