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Full-Text Articles in Law

La Responsabilisation De L'Economie: What The United States Can Learn From The New French Law On Consumer Overindebtedness, Jason J. Kilborn Jan 2017

La Responsabilisation De L'Economie: What The United States Can Learn From The New French Law On Consumer Overindebtedness, Jason J. Kilborn

Jason Kilborn

This Article on the French law continues a study of European consumer debt-relief systems, which the author began previously in an article on the German system. With rapid legal and practical developments in consumer debt-relief law, Europe provides an excellent comparative legal laboratory for observing the potential benefits and pitfalls of consumer bankruptcy reforms. In particular, French and German experiences with long-term payment plans shed useful light on the great debate raging in the United States over similar plans.


Of Progressive Property And Public Debt, Christopher K. Odinet Dec 2015

Of Progressive Property And Public Debt, Christopher K. Odinet

Christopher K. Odinet

Debt is property, and, because of this, property law has a lot to say about how debts are resolved. Indeed, property law is deeply woven into the fabric of the bankruptcy process — a fact that has been woefully neglected by many scholars. The ability to provide debtors with relief and the ability of creditors to demand protections from discharge or diminished payments are both concepts that are intimately tied to property law. However, despite the doctrinal workings of property law in this context, from a theoretical standpoint property law has been underutilized. This is particularly true, as this Article …


Bankruptcy Or Bailouts?, Kenneth Ayotte, David Skeel Jun 2015

Bankruptcy Or Bailouts?, Kenneth Ayotte, David Skeel

Kenneth Ayotte

The usual reaction if one mentions bankruptcy as a mechanism for addressing a financial institution’s default is incredulity. Those who favor the rescue of troubled financial institutions, and even those who prefer that their assets be promptly sold to a healthier institution, treat bankruptcy as anathema. Everyone seems to agree that nothing good can come from bankruptcy. Indeed, the Chapter 11 filing by Lehman Brothers has been singled out by many the primary cause of the severe economic and financial contraction that followed, and proof that bankruptcy is disorderly and ineffective. As a result, ad-hoc rescue lending to avoid bankruptcy …


Statutory Liens And The Bankruptcy Act: U.C.C. § 2-702 And Section 67(C), Robert Green Dec 2014

Statutory Liens And The Bankruptcy Act: U.C.C. § 2-702 And Section 67(C), Robert Green

Robert A. Green



The Bankruptcy Of Golfers' Warehouse, Inc.: A Lesson In How To Sell A Business In Chapter 11, Briton Collins, Will Smith, David Choi Dec 2013

The Bankruptcy Of Golfers' Warehouse, Inc.: A Lesson In How To Sell A Business In Chapter 11, Briton Collins, Will Smith, David Choi

David Y Choi

No abstract provided.


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.


Individual Voluntary Arrangements: A "Fresh Start" For Salaried Consumer Debtors In England And Wales?, Adrian Walters Dec 2008

Individual Voluntary Arrangements: A "Fresh Start" For Salaried Consumer Debtors In England And Wales?, Adrian Walters

Adrian J Walters

No abstract provided.


Regulating The Insolvency Office-Holder Profession Across Borders, Adrian Walters Dec 2008

Regulating The Insolvency Office-Holder Profession Across Borders, Adrian Walters

Adrian J Walters

No abstract provided.


Consuming Passions: Benchmarking Consumer Bankruptcy Law Systems, Adrian Walters Dec 2007

Consuming Passions: Benchmarking Consumer Bankruptcy Law Systems, Adrian Walters

Adrian J Walters

No abstract provided.


Corporate Insolvency In The United Kingdom: The Impact Of The Enterprise Act 2002, Adrian Walters Dec 2007

Corporate Insolvency In The United Kingdom: The Impact Of The Enterprise Act 2002, Adrian Walters

Adrian J Walters

No abstract provided.


Judicial Assistance In Cross-Border Insolvency At Common Law, Adrian Walters Dec 2006

Judicial Assistance In Cross-Border Insolvency At Common Law, Adrian Walters

Adrian J Walters

No abstract provided.


Service In The United States Under Insolvency Rule 12.12, Adrian Walters, I. Williams, H. Marsh Dec 2005

Service In The United States Under Insolvency Rule 12.12, Adrian Walters, I. Williams, H. Marsh

Adrian J Walters

No abstract provided.


The Proceeds Of Office-Holder Actions Under The Insolvency Act: Charged Assets Or Free Estate?, Adrian Walters, J. Armour Dec 2005

The Proceeds Of Office-Holder Actions Under The Insolvency Act: Charged Assets Or Free Estate?, Adrian Walters, J. Armour

Adrian J Walters

No abstract provided.


Directors' Disqualification And Bankruptcy Restrictions, Adrian Walters Dec 2004

Directors' Disqualification And Bankruptcy Restrictions, Adrian Walters

Adrian J Walters

No abstract provided.


Personal Insolvency Law After The Enterprise Act: An Appraisal, Adrian Walters Dec 2004

Personal Insolvency Law After The Enterprise Act: An Appraisal, Adrian Walters

Adrian J Walters

No abstract provided.


Book Review: Jacob Ziegel, Comparative Consumer Insolvency Regimes--A Canadian Perspective And Johanna Niemi-Kiesilainen Et Al. Eds., Consumer Bankruptcy In Global Perspective, Adrian Walters Dec 2004

Book Review: Jacob Ziegel, Comparative Consumer Insolvency Regimes--A Canadian Perspective And Johanna Niemi-Kiesilainen Et Al. Eds., Consumer Bankruptcy In Global Perspective, Adrian Walters

Adrian J Walters

No abstract provided.


Section 236 Of The Insolvency Act And Directors' Disqualification, Adrian Walters Dec 2003

Section 236 Of The Insolvency Act And Directors' Disqualification, Adrian Walters

Adrian J Walters

No abstract provided.


Book Review: Andrew Keay & Peter Walton, Insolvency Law: Corporate And Personal (2003)., Adrian Walters Dec 2003

Book Review: Andrew Keay & Peter Walton, Insolvency Law: Corporate And Personal (2003)., Adrian Walters

Adrian J Walters

No abstract provided.


Preferences, Adrian Walters Dec 2002

Preferences, Adrian Walters

Adrian J Walters

No abstract provided.


Void Dispositions In Compulsory Winding-Up, Adrian Walters Dec 2002

Void Dispositions In Compulsory Winding-Up, Adrian Walters

Adrian J Walters

No abstract provided.


Directors' Disqualification After The Insolvency Act 2000, 2001, Adrian Walters Dec 2000

Directors' Disqualification After The Insolvency Act 2000, 2001, Adrian Walters

Adrian J Walters

No abstract provided.


Wrongful Trading: Two Recent Cases, Adrian Walters Dec 2000

Wrongful Trading: Two Recent Cases, Adrian Walters

Adrian J Walters

No abstract provided.


Staying Proceedings On Grounds Of Champerty, Adrian Walters Dec 1999

Staying Proceedings On Grounds Of Champerty, Adrian Walters

Adrian J Walters

No abstract provided.


Creditor-Funded Litigation In Corporate Insolvency, Adrian Walters Dec 1996

Creditor-Funded Litigation In Corporate Insolvency, Adrian Walters

Adrian J Walters

No abstract provided.


Foreshortening The Shadow: Maintenance, Champerty And The Funding Of Litigation In Corporate Insolvency, Adrian Walters Dec 1995

Foreshortening The Shadow: Maintenance, Champerty And The Funding Of Litigation In Corporate Insolvency, Adrian Walters

Adrian J Walters

No abstract provided.


Priority Of The Floating Charge In Corporate Insolvency, Adrian Walters Dec 1994

Priority Of The Floating Charge In Corporate Insolvency, Adrian Walters

Adrian J Walters

No abstract provided.