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- Bankruptcy Law (14)
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Articles 1 - 30 of 32
Full-Text Articles in Law
Rethinking Preemption And Constitutional Parameters In Bankruptcy, Michelle M. Harner
Rethinking Preemption And Constitutional Parameters In Bankruptcy, Michelle M. Harner
William & Mary Law Review
Chapter 11 of the U.S. Bankruptcy Code allows financially distressed businesses to reorganize and emerge from bankruptcy free of their pre-bankruptcy debts and obligations. In general, a business can achieve this kind of “fresh start” by confirming a plan of reorganization or pursuing a going-concern sale that typically facilitates a change in ownership, a reduction in leverage, and the elimination of most claims against the company’s assets. Through these kinds of transactions, a business can emerge from bankruptcy with a stronger balance sheet and often a new ownership structure. It also can streamline operations by, for example, assuming valuable contracts …
A New Fulcrum Point For City Survival, Samir D. Parikh
A New Fulcrum Point For City Survival, Samir D. Parikh
William & Mary Law Review
Municipalities have historically enjoyed immense stability. This era of tranquility is over, and fiscal deterioration is accelerating. Policymakers and scholars have struggled to formulate debt restructuring options; almost all have embraced federal bankruptcy law. But this resource-draining process is not the fulcrum point for any meaningful solution to municipal demise. Indeed, for the vast majority of distressed municipalities, the lever of municipal recovery will not turn on the solutions that have been offered to date. This Article radically shifts the municipal recovery debate by arguing that state law is the centralized point at which officials can exert the necessary amount …
When Should Bankruptcy Be An Option (For People, Places, Or Things)?, David A. Skeel Jr.
When Should Bankruptcy Be An Option (For People, Places, Or Things)?, David A. Skeel Jr.
William & Mary Law Review
When many people think about bankruptcy, they have a simple left-to-right spectrum of possibilities in mind. The spectrum starts with personal bankruptcy, moves next to corporations and other businesses, and then to municipalities, states, and finally countries. We assume that bankruptcy makes the most sense for individuals; that it makes a great deal of sense for corporations; that it is plausible but a little more suspect for cities; that it would be quite odd for states; and that bankruptcy is unimaginable for a country.
In this Article, I argue that the left-to-right spectrum is sensible but mistaken. After defining “bankruptcy,” …
Does Ideology Matter In Bankruptcy? Voting Behavior On The Courts Of Appeals, Jonathan Remy Nash, Rafael I. Pardo
Does Ideology Matter In Bankruptcy? Voting Behavior On The Courts Of Appeals, Jonathan Remy Nash, Rafael I. Pardo
William & Mary Law Review
This Article empirically examines whether courts of appeals judges cast ideological votes in the bankruptcy context. The empirical study is unique insofar as it is the first to examine the voting behavior of circuit court judges in bankruptcy cases. More importantly, it focuses on a particular type of dispute that arises in bankruptcy: debt-dischargeability determinations. The study implements this focused approach in order to reduce heterogeneity in result. We find, contrary to our hypotheses, no evidence that circuit court judges engage in ideological voting in bankruptcy cases. We also find, however, non-ideological factors—including the race of the judge and the …
The Affordability Paradox: How Consumer Bankruptcy's Greatest Weakness May Account For Its Surprising Success, Angela Littwin
The Affordability Paradox: How Consumer Bankruptcy's Greatest Weakness May Account For Its Surprising Success, Angela Littwin
William & Mary Law Review
When the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) made consumer bankruptcy more expensive for all debtors, it inadvertently reignited a debate about how to make the system more affordable for its neediest beneficiaries. Even before BAPCPA, consumer bankruptcy suffered from the irony that those who needed it the most were often too poor to take advantage of its relief.
The seemingly obvious solution to this problem is to eliminate the major cost that consumer bankruptcy filers bear, that of paying their own lawyers. But in our rush to undo the harm caused by BAPCPA’s worsening of the …
Looking Forward While Looking Back: Using Debtors' Post-Petition Financial Changes To Find Bankruptcy Abuse After Bapcpa, Justin H. Rucki
Looking Forward While Looking Back: Using Debtors' Post-Petition Financial Changes To Find Bankruptcy Abuse After Bapcpa, Justin H. Rucki
William & Mary Law Review
No abstract provided.
An Appeal To Equity: Why Bankruptcy Courts Should Resort To Equitable Powers For Latitude In Their Interpretation Of "Interests" Under Section 363(F) Of The Bankruptcy Code, Matthew T. Gunlock
An Appeal To Equity: Why Bankruptcy Courts Should Resort To Equitable Powers For Latitude In Their Interpretation Of "Interests" Under Section 363(F) Of The Bankruptcy Code, Matthew T. Gunlock
William & Mary Law Review
No abstract provided.
Muddy Property: Generating And Protecting Information Privacy Norms In Bankruptcy, Edward J. Janger
Muddy Property: Generating And Protecting Information Privacy Norms In Bankruptcy, Edward J. Janger
William & Mary Law Review
Bankruptcy law does not deal well with website promises to protect personal information. The legal treatment of privacy policies in bankruptcy currently turns on whether such policies are viewed as creating contract rights or property rights. Neither characterization fits well, and any attempt to shoehorn information privacy into either category has significant costs. Contract obligations are subject to discharge in bankruptcy, and any consumer expectations of privacy (contractual or otherwise) are likely to be defeated. By contrast, if personal information is deemed property of the website customer, information transfers that might benefit consumers will be stifled. This Article develops an …
Confusion And Solution: Chapter 11 Bankruptcy Trustee's Standard Of Care For Personal Liability, David P. Primack
Confusion And Solution: Chapter 11 Bankruptcy Trustee's Standard Of Care For Personal Liability, David P. Primack
William & Mary Law Review
No abstract provided.
On The Nature Of Federal Bankruptcy Jurisdiction: A General Statutory And Constitutional Theory, Ralph Brubaker
On The Nature Of Federal Bankruptcy Jurisdiction: A General Statutory And Constitutional Theory, Ralph Brubaker
William & Mary Law Review
No abstract provided.
The Rotten Foundations Of Securitization, David Gray Carlson
The Rotten Foundations Of Securitization, David Gray Carlson
William & Mary Law Review
No abstract provided.
"Cramdown" Confirmation Of Single-Asset Debtor Reorganization Plans Through Separate Classification Of The Deficiency Claim - How In Re U.S. Truck Co. Was Run Off The Road, King F. Tower
William & Mary Law Review
No abstract provided.
The Continuing Puzzle Of Collective Bargaining Agreements In Bankruptcy, Daniel Keating
The Continuing Puzzle Of Collective Bargaining Agreements In Bankruptcy, Daniel Keating
William & Mary Law Review
No abstract provided.
No Fault Equitable Subordination: Reassuring Investors That Only Government Penalty Claims Are At Risk, Scott M. Browning
No Fault Equitable Subordination: Reassuring Investors That Only Government Penalty Claims Are At Risk, Scott M. Browning
William & Mary Law Review
No abstract provided.
Value And Rationality In Bankruptcy Decisionmaking, Donald R. Korobkin
Value And Rationality In Bankruptcy Decisionmaking, Donald R. Korobkin
William & Mary Law Review
No abstract provided.
Chapter 13'S Liberal Discharge Provisions And "Willful And Malicious" Tort Judgments: Creditor Classification As A Means Of Accounting For The Debtor's Egregious Action, Robert L. Miller
William & Mary Law Review
No abstract provided.
The 1978 Bankruptcy Reform Act's Police Or Regulatory Power Exemption To The Automatic Stay: Unnecessary, Unfounded, And Unrestrained, Robert E. Korroch
The 1978 Bankruptcy Reform Act's Police Or Regulatory Power Exemption To The Automatic Stay: Unnecessary, Unfounded, And Unrestrained, Robert E. Korroch
William & Mary Law Review
No abstract provided.
Does Section 524 (A)(2) Of The Bankruptcy Code Bar Criminal Prosecution Concerning Discharged Debts?, Kent A. Bieberich
Does Section 524 (A)(2) Of The Bankruptcy Code Bar Criminal Prosecution Concerning Discharged Debts?, Kent A. Bieberich
William & Mary Law Review
No abstract provided.
The Bankruptcy Code And Hazardous Waste Cleanup: An Examination Of The Policy Conflict, Douglas P. Demoss
The Bankruptcy Code And Hazardous Waste Cleanup: An Examination Of The Policy Conflict, Douglas P. Demoss
William & Mary Law Review
No abstract provided.
Substantive Consumer Bankruptcy Reform In The Bankruptcy Amendments Act Of 1984, Jeffrey W. Morris
Substantive Consumer Bankruptcy Reform In The Bankruptcy Amendments Act Of 1984, Jeffrey W. Morris
William & Mary Law Review
No abstract provided.
Workers' Rights Against A Bankrupt Employer, Nancy L. Lowndes
Workers' Rights Against A Bankrupt Employer, Nancy L. Lowndes
William & Mary Law Review
No abstract provided.
Tenants By The Entirety Property And The Bankruptcy Reform Act, Benjamin C. Ackerly
Tenants By The Entirety Property And The Bankruptcy Reform Act, Benjamin C. Ackerly
William & Mary Law Review
No abstract provided.
Liquidation Bankruptcy Under The '78 Code, Doug Rendleman
Liquidation Bankruptcy Under The '78 Code, Doug Rendleman
William & Mary Law Review
No abstract provided.
The Failure Of The Virginia Exemption Plan, Michael P. Cotter
The Failure Of The Virginia Exemption Plan, Michael P. Cotter
William & Mary Law Review
No abstract provided.
A Congressman's Reflections On The Drafting Of The Bankruptcy Code Of 1978, M. Caldwell Butler
A Congressman's Reflections On The Drafting Of The Bankruptcy Code Of 1978, M. Caldwell Butler
William & Mary Law Review
No abstract provided.
The Penn Central Reorganization: A New Look At Section 10 Of The Clayton Act
The Penn Central Reorganization: A New Look At Section 10 Of The Clayton Act
William & Mary Law Review
No abstract provided.
Enforceability Of A Lease Termination Clause In Proceedings Under Bankruptcy Act, Chapter Xi
Enforceability Of A Lease Termination Clause In Proceedings Under Bankruptcy Act, Chapter Xi
William & Mary Law Review
No abstract provided.
Possession Of A Bankrupt Taxpayer's Intangible Property
Possession Of A Bankrupt Taxpayer's Intangible Property
William & Mary Law Review
No abstract provided.
The Bankruptcy Act: Some Effects Of The 1966 Amendments To Sections 17(A), 67(C), & 70(C), Mark S. Dray
The Bankruptcy Act: Some Effects Of The 1966 Amendments To Sections 17(A), 67(C), & 70(C), Mark S. Dray
William & Mary Law Review
No abstract provided.
The Trustee And The N.L.R.B. - The Administration Of Labor Contracts In Straight Bankruptcy And Corporate Reorganization, S. Strother Smith Iii, Allan Zaleski
The Trustee And The N.L.R.B. - The Administration Of Labor Contracts In Straight Bankruptcy And Corporate Reorganization, S. Strother Smith Iii, Allan Zaleski
William & Mary Law Review
No abstract provided.