Law Commons^™

Erisa’S Fiduciary Fantasy And The Problem Of Mass Health Claim Denials, Katherine T. Vukadin

University of Richmond Law Review

Over 100 million Americans face healthcare debt. Most of those in debt have health insurance, with the debt often springing from services people thought were covered. Before and even after receiving care, those seeking coverage must run a gauntlet of obstacles such as excessive pre-authorization requests, burdensome concurrent review of care, and retrospective review, which claws back payment after a treatment is pre-authorized and payment made. Increasingly, this procedural tangle leaves people with unwarranted and unexpected medical bills, quickly spiraling them into debt.

Who polices health insurers’ claims practices? What keeps insurance companies from designing overly burdensome pre-authorization requirements or …

Duped By Dope: The Sackler Family’S Attempt To Escape Opioid Liability And The Need To Close The Non-Debtor Release Loophole, Bryson T. Strachan

University of Richmond Law Review

The opioid epidemic continues to rage on in the United States, ravaging its rural populations. One of its main causes? OxyContin. Purdue Pharma (“Purdue”), the maker of OxyContin, aggressively marketed opioids to the American public while racking up a fortune of over $13 billion dollars for its owners,3 the Sackler family. As a result, roughly 3,000 lawsuits were filed against Purdue and members of the Sackler family. Generally, the lawsuits alleged that Purdue and members of the Sackler family knew OxyContin was highly addictive yet aggressively marketed high dosages of the drug and misrepresented the drug as nonaddictive and without …

Bankruptcy Law, Hon. Kevin R. Huennekens, Nathan Kramer

University of Richmond Law Review

This article will cover both consumer and business bankruptcy issues, and is limited primarily to decisions by courts within the Fourth Circuit since mid-2012. Despite these general parameters, because bankruptcy is federal law, there are some cases outside the Fourth Circuit that are included due to their influential and instructive nature. The intention of this update is to provide bankruptcy practitioners in Virginia with concise, yet compre-hensive, case summaries that will prove to be a valuable researchtool.

Reclaim This! Getting Credit Seller Rights In Bankruptcy Right, Lawrence Ponoroff

University of Richmond Law Review

No abstract provided.

Bankruptcy Law, Hon. Douglas O. Tice Jr., K. Elizabeth Sieg, David W. Gaffey

University of Richmond Law Review

No abstract provided.

The Chapter 13 Alternative: A Legislative Solution To Undersecured Home Mortgages, Hon. Samuel L. Bufford

University of Richmond Law Review

No abstract provided.

The Immediate And Lasting Impacts Of The 2008 Economic Collapse--Lehman Brothers, General Motors, And The Secured Credit Markets, Edward J. Estrada

University of Richmond Law Review

This article analyzes the early days of the credit crisis as well as two of the largest casualties of that period-Lehman Brothers and General Motors. In addition, by focusing on the bankruptcy proceedings of these two entities as well as other judicial decisions rendered since the financial crisis began, it examines the role that courts have played in the crisis.

Orderly Liquidation Authority: A New Insolvency Regime To Address Systemic Risk, Hollace T. Cohen

University of Richmond Law Review

No abstract provided.

Bankruptcy Law, Hon. Douglas O. Tice Jr., Suzanne E. Wade, K. Elizabeth Sieg

University of Richmond Law Review

No abstract provided.

Bankruptcy Law, Richard C. Maxwell, B. Webb King

University of Richmond Law Review

No abstract provided.

The Search For More Fairness In The Fair Debt Collection Practices Act, Elwin Griffith

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Bankruptcy Law, Michael A. Condyles

University of Richmond Law Review

This article is intended to advise the general practitioner of significant recent developments that have occurred in the bankruptcy area during the period April 1992 through April 1993. Virginia and federal decisions issued by the Court of Appeals for the Fourth Circuit involving bankruptcy related matters are the main focus of this article.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Bankruptcy Law, Michael A. Condyles

University of Richmond Law Review

This survey article reviews and analyzes legislative and judicial developments that have occurred in bankruptcy law between April, 1991 and April, 1992. The article is intended to alert the general practitioner to significant recent developments in the bankruptcy area. Legislative changes made to Virginia statutory law and federal bankruptcy decisions issued within the Fourth Circuit are the focus of this article.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Bankruptcy Law, Michael A. Condyles

University of Richmond Law Review

This survey article reviews and analyzes legislative and judicial developments that have occurred in bankruptcy law between April 1989 and April 1991. This article intends to alert the general practitioner to significant recent developments in the bankruptcy area. The article focuses on legislative changes that have been made to the Bankruptcy Code and to Virginia statutory law, along with federal bankruptcy decisions issued within the Fourth Circuit. Where appropriate, Virginia state court cases dealing with bankruptcy issues are also addressed.

As We Forgive Our Debtors: Bankruptcy And Consumer Credit In America, Michael J. Herbert

University of Richmond Law Review

Bankruptcy may soon join death and taxes as an inevitable consequence of human life. During the year ending June 30, 1988, (the most recent year for which there are conveniently available figures) 594,567 American individuals and companies filed for bankruptcy. There is more than a sporting chance that, come the next recession, bankruptcies will top one million per year. Good news for lawyers, if not the economy.

The Rtc: A Practical Guide To The Receivership/Conservatorship Process And The Resolution Of Failed Thrifts, Vicki O. Tucker, Patti G. Meire, Phyllis M. Rubinstein

University of Richmond Law Review

In response to a growing crisis in the thrift industry, Congress enacted the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ("FIRREA" or "Act"). The crisis was evidenced by the failure of over 500 thrifts between 1980 and 1988-more than three and one-half times as many in the previous forty-five years combined. In 1988 alone, the Federal Savings and Loan Insurance Corporation ("FSLIC," which prior to FIRREA insured most of the thrift industry's deposits) merged or liquidated over 200 insolvent thrifts, and the U.S. Government's General Accounting Office ("GAO") estimated in 1989 that at least 338 additional thrifts were …

Annual Survey Of Virginia Law: Creditors' Rights, Joseph E. Ulrich

University of Richmond Law Review

This article addresses developments in Virginia creditors' rights from April 1988 to April 1989. It is aimed at the non-specialist who nonetheless handles creditors' rights problems in practice. The following will describe the more important holdings and offer some comments about these holdings.

Down And Out In Richmond, Virginia: The Distribution Of Assets In Chapter 7 Bankruptcy Proceedings Closed During 1984-1987, Michael J. Herbert, Domenic E. Pacitt

University of Richmond Law Review

An explosion of interest in the practical workings and economic significance of the bankruptcy system has, in recent years, led to many efforts to study that system through data other than that contained in reported cases. In some key respects, the mere articulation and analysis of legal rules is no longer satisfactory. Indeed, it has been argued that such analysis is sometimes scarcely relevant. This article is intended to add a little more information to that already compiled regarding the actual nature and function of modern American bankruptcy law. It further attempts to place this information into the context of …

Adequate Protection- The Equitable Yardstick Of Chapter 11, Amy S. Ashworth

University of Richmond Law Review

A debtor who files a petition for relief under the Bankruptcy Reform Act of 1978 (the Code) triggers the automatic stay provisions of the Code. The automatic stay precludes creditors from enforcing their rights in the collateral pending further order of the Bankruptcy Court. An issue which has spurred continued controversy is whether undersecured creditors who are stayed from repossessing their collateral are entitled to compensation for the delay in enforcing their rights in the collateral. It is agreed that the concept of adequate protection provides for the preservation of the value of the collateral due to its use, depreciation, …

Maginot Line Defenses To A Preference Action? 11 U.S.C. § 547(C )(2) & (C )(4), Charles E. Reynolds

University of Richmond Law Review

Suppliers of goods and services on credit understand that the recipient may be unable to pay for some or all of the goods provided or the services rendered. However, many of these suppliers have a difficult time "giving back" money previously received from a debtor who has filed for protection under the United States Bankruptcy Code. Judicial interpretation of the broadly written bankruptcy law has made it difficult to defeat a preference action instituted by a trustee in bankruptcy or a debtor-in-possession. As a result, any supplier who has several transactions with a debtor during the preference period is particularly …

Understanding The New Family Farmer Bankruptcy Act, Bruce H. Matson

University of Richmond Law Review

In response to the crisis in the United States farm economy and the inability of farmers to obtain meaningful relief from either Chapter 11 or 13 of the Bankruptcy Code, Congress passed the Bankruptcy Judges, United States Trustees and Family Farmer Bankruptcy Act of 1986 (the "Act") in October of 1986. The Act includes a new chapter in the Bankruptcy Code-Chapter 12-exclusively for family farmers. This article outlines the substantive provisions of the new Chapter 12 and who may be eligible to take advantage of this new statute. In reviewing Chapter 12, the article attempts to show how concepts from …

The "Fresh Start" Policy In Consumer Bankruptcy: A Historical Inventory And An Interpretive Theory, Charles G. Hallinan

University of Richmond Law Review

In part II, the article traces the historical development of the idea of providing relief to troubled debtors in bankruptcy, an idea usually summarized as the "fresh start" policy of bankruptcy law. The article catalogs and describes the empirical assumptions and normative judgments underlying the various explanations offered for the availability of a discharge or "fresh start" in bankruptcy. In part II, the article examines the existing Bankruptcy Code in the light of these various theories. The article concludes that the Code's debtor relief provisions are best understood as a form of compulsory insurance for debtors. The nature of insurance …

Bankcard's Revenge: A Critique Of The 1984 Consumer Credit Amendments To The Bankruptcy Code, Paul M. Black, Michael J. Herbert

University of Richmond Law Review

Virtually from the enactment of the Bankruptcy Code in 1978, creditors attempted to roll back what they perceived to be the Code's undue bias toward bankrupts. The Code was branded a debtor's paradise practically beckoning borrowers to shed their debts painlessly and needlessly. It was certainly true that the number of bankruptcy filings rose substantially during the late 1970's and early 1980's, and that some creditors attributed at least some of this to the Code's presumed generosity. Whether the Code actually caused any of the increase in filings is, to put it mildly, controversial. Other factors, most significantly the general …

The Trustee Versus The Trade Creditor: A Critique Of Section 547(C)(1), (2) & (4) Of The Bankruptcy Code, Michael J. Herbert

University of Richmond Law Review

The Bankruptcy Code, like its predecessor the Bankruptcy Act, permits the trustee to avoid certain preferential transfers made or suffered by the bankrupt just prior to bankruptcy. Generally, any transfer relating to an antecedent debt made to or for a creditor by an insolvent within ninety days before the filing of the bankruptcy petition is avoidable by the trustee. The trustee may sue the creditor to recover the preference. In addition, the preferred creditor will not be entitled to any dividend from the estate until the preference is repaid.

Bankruptcy Reform: Relief For Individuals With Regular Income, Pete Connors

University of Richmond Law Review

The consumer debtor faced with insolvency is given two options under the present Bankruptcy Act: (1) straight bankruptcy, and (2) wage earner proceedings. In contrast to straight bankruptcy, which is a liquidation oriented remedy, the debtor in a wage earner proceeding is not required to surrender any assets to the bankruptcy trustee, nor is he actually adjudicated a bankrupt. On the contrary, under Chapter XIII of the Bankruptcy Act (the wage earner sec- tion), the debtor is given a means of repaying his debts from future earnings under the protection of the court.