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- Journal of Business & Technology Law (15)
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Articles 1 - 30 of 30
Full-Text Articles in Law
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.
Bankruptcy Fire Sales, Lynn M. Lopucki, Joseph W. Doherty
Bankruptcy Fire Sales, Lynn M. Lopucki, Joseph W. Doherty
Michigan Law Review
For more than two decades, scholars working from an economic perspective have criticized the bankruptcy reorganization process and sought to replace it with market mechanisms. In 2002, Professors Douglas G. Baird and Robert K. Rasmussen asserted in The End of Bankruptcy that improvements in the market for large public companies had rendered reorganization obsolete. Going concern value could be captured through sale. This Article reports the results of an empirical study comparing the recoveries in bankruptcy sales of large public companies in the period 2000 through 2004 with the recoveries in bankruptcy reorganizations during the same period. Controlling for company …
Bankruptcy For The Poor?, Stephanie Ben-Ishai, Saul Schwartz
Bankruptcy For The Poor?, Stephanie Ben-Ishai, Saul Schwartz
Osgoode Hall Law Journal
The conventional wisdom is that the poor are not heavy users of the insolvency system, because creditors are unwilling to take risks on the poor and because many of the poor are judgment-proof. However, credit is now widely available across the spectrum of income groups. In addition, poverty is often a temporary state for many Canadians; therefore, being judgment-proof is likewise temporary. Some of those who are poor at any point in time are in fact in need of bankruptcy protection. They have debts that they are unable to pay and little likelihood of being able to repay in the …
Bankruptcy, James D. Walker Jr., Amber Nickell
Bankruptcy, James D. Walker Jr., Amber Nickell
Mercer Law Review
"Stringent execution" may be the watch phrase for implementation of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"). The bankruptcy bar has lived with BAPCPA for well over a year, and if one common thread arises in the case law, it is judges dissatisfaction with what may kindly be referred to as "drafting flaws." Many courts have highlighted these flaws-and other perceived inadequacies in BAPCPA-by ruthlessly enforcing the statute's plain language. This has already led to the enactment of one amendment by Congress, as well as criticism from some of its members. Whether further amendments will follow …
Direct Appeals From Bankruptcy Courts To The Courts Of Appeals: The Experience After Two Years, David George
Direct Appeals From Bankruptcy Courts To The Courts Of Appeals: The Experience After Two Years, David George
The Journal of Appellate Practice and Process
No abstract provided.
Keeping The Faith: The Rights Of Parishioners In Church Reorganizations, Theresa J. Pulley Radwan
Keeping The Faith: The Rights Of Parishioners In Church Reorganizations, Theresa J. Pulley Radwan
Washington Law Review
Faced with significant potential liability to victims of sexual abuse at the hands of church personnel, four archdioceses and dioceses of the Roman Catholic Church have filed for Chapter 11 bankruptcy protection. The bankruptcy proceedings present a multitude of novel issues, including valuation of tort claims against the church and determination of the property available to pay those claims. While each issue has the potential to affect parishioners of the church, the issue of property ownership may have a particularly strong effect. Under both canon law and state incorporation statutes, an archdiocese or diocese owns all assets of its churches. …
Keeping The Faith: The Rights Of Parishioners In Church Reorganizations, Theresa J. Pulley Radwan
Keeping The Faith: The Rights Of Parishioners In Church Reorganizations, Theresa J. Pulley Radwan
Washington Law Review
Faced with significant potential liability to victims of sexual abuse at the hands of church personnel, four archdioceses and dioceses of the Roman Catholic Church have filed for Chapter 11 bankruptcy protection. The bankruptcy proceedings present a multitude of novel issues, including valuation of tort claims against the church and determination of the property available to pay those claims. While each issue has the potential to affect parishioners of the church, the issue of property ownership may have a particularly strong effect. Under both canon law and state incorporation statutes, an archdiocese or diocese owns all assets of its churches. …
Asset-Backed Securitization In China, Yuwa Wei
Asset-Backed Securitization In China, Yuwa Wei
Richmond Journal of Global Law & Business
No abstract provided.
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - History & Background, Royce De R. Barondes, Lisa Fairfax, Lawrence A. Hamermesh, Robert Lawless
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - History & Background, Royce De R. Barondes, Lisa Fairfax, Lawrence A. Hamermesh, Robert Lawless
Journal of Business & Technology Law
No abstract provided.
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - Comparative & International Perspectives, Andres Engert, Reid Feldman, Pamela L.J. Huff, Donna W. Mckenzie-Skene
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - Comparative & International Perspectives, Andres Engert, Reid Feldman, Pamela L.J. Huff, Donna W. Mckenzie-Skene
Journal of Business & Technology Law
No abstract provided.
Fiduciary Duties In Distressed Corporations: Second Generation Issues, Royce De R. Barondes
Fiduciary Duties In Distressed Corporations: Second Generation Issues, Royce De R. Barondes
Journal of Business & Technology Law
No abstract provided.
Why A Fiduciary Duty Shift To Creditors Of Insolvent Business Entities Is Incorrect As A Matter Of Theory And Practice, J. William Callison
Why A Fiduciary Duty Shift To Creditors Of Insolvent Business Entities Is Incorrect As A Matter Of Theory And Practice, J. William Callison
Journal of Business & Technology Law
No abstract provided.
The Citx Decision: Has The Tort Of Deepening Insolvency Gone Bankrupt, Ian T. Mahoney
The Citx Decision: Has The Tort Of Deepening Insolvency Gone Bankrupt, Ian T. Mahoney
Villanova Law Review (1956 - )
No abstract provided.
Relief In The Boardroom: How The Third Circuit's Citx Decision Weakened Deepening Insolvency As An Independent Cause Of Action, Brya M. Keilson
Relief In The Boardroom: How The Third Circuit's Citx Decision Weakened Deepening Insolvency As An Independent Cause Of Action, Brya M. Keilson
Villanova Law Review (1956 - )
No abstract provided.
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - The Duty To Creditors In Practice, J. William Callison, Mark A. Grovic, James J. Hanks Jr., Roger A. Lane
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - The Duty To Creditors In Practice, J. William Callison, Mark A. Grovic, James J. Hanks Jr., Roger A. Lane
Journal of Business & Technology Law
No abstract provided.
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - Theory And Policy, Kelli A. Alces, Larry E. Ribstein, Alan Schwartz, Simone M. Sepe
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - Theory And Policy, Kelli A. Alces, Larry E. Ribstein, Alan Schwartz, Simone M. Sepe
Journal of Business & Technology Law
No abstract provided.
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - Presentation Of Much Ado About Little? Directors' Fiduciary Duties In The Vicinity Of Insolvency, Stephen M. Bainbridge
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - Presentation Of Much Ado About Little? Directors' Fiduciary Duties In The Vicinity Of Insolvency, Stephen M. Bainbridge
Journal of Business & Technology Law
No abstract provided.
Much Ado About Little? Directors' Fiduciary Duties In The Vicinity Of Insolvency, Stephen M. Bainbridge
Much Ado About Little? Directors' Fiduciary Duties In The Vicinity Of Insolvency, Stephen M. Bainbridge
Journal of Business & Technology Law
No abstract provided.
The Duty To Creditors Reconsidered - Filling A Much Needed Gap In Corporation Law, Richard A. Booth
The Duty To Creditors Reconsidered - Filling A Much Needed Gap In Corporation Law, Richard A. Booth
Journal of Business & Technology Law
No abstract provided.
From Production Resources To Peoples Department Stores: A Similar Response By Delaware And Canadian Courts On The Fiduciary Duties Of Directors To Creditors Of Insolvent Companies, Pamela L.J. Huff, Russell C. Silberglied
From Production Resources To Peoples Department Stores: A Similar Response By Delaware And Canadian Courts On The Fiduciary Duties Of Directors To Creditors Of Insolvent Companies, Pamela L.J. Huff, Russell C. Silberglied
Journal of Business & Technology Law
No abstract provided.
Directors' Duty To Creditors Of A Financially Distressed Company: A Perspective From Across The Pond, Donna W. Mckenzie-Skene
Directors' Duty To Creditors Of A Financially Distressed Company: A Perspective From Across The Pond, Donna W. Mckenzie-Skene
Journal of Business & Technology Law
No abstract provided.
Directors' Duties In Failing Firms, Larry E. Ribstein, Kelli A. Alces
Directors' Duties In Failing Firms, Larry E. Ribstein, Kelli A. Alces
Journal of Business & Technology Law
No abstract provided.
Direct Creditor Claims For Breach Of Fiduciary Duty: Is They Is, Or Is They Ain't? A Practitioner's Notes From The Field, Roger A. Lane
Direct Creditor Claims For Breach Of Fiduciary Duty: Is They Is, Or Is They Ain't? A Practitioner's Notes From The Field, Roger A. Lane
Journal of Business & Technology Law
No abstract provided.
Gap Filling In The Zone Of Insolvency, Frederick Tung
Gap Filling In The Zone Of Insolvency, Frederick Tung
Journal of Business & Technology Law
No abstract provided.
Directors' Duty To Creditors And The Debt Contract, Simone M. Sepe
Directors' Duty To Creditors And The Debt Contract, Simone M. Sepe
Journal of Business & Technology Law
No abstract provided.
Center Of Main Interests, International Insolvency Case Venue, And Equality Of Arms: The Eurofood Decision Of The European Court Of Justice, Samuel L. Bufford
Center Of Main Interests, International Insolvency Case Venue, And Equality Of Arms: The Eurofood Decision Of The European Court Of Justice, Samuel L. Bufford
Northwestern Journal of International Law & Business
The European Court of Justice ("E.C.J.") issued a ruling on May 2, 2006 in the Eurofood case, finding that the commencement of an insolvency case for Eurofood in Ireland gave the Irish court priority under E.U. law over a similar insolvency case commenced shortly thereafter in Italy. The E.C.J.'s ruling responded to the Supreme Court of Ireland's referral to the E.C.J. of five questions of E.U. law based on the E.U. Regulation on Insolvency Proceedings ("E.U. Regulation"). The Irish Supreme Court had referred these questions to the E.C.J. preliminary to deciding a pending appeal of the Dublin High Court's decision …
Casenote: The Emerald Casino Fiasco, 40 J. Marshall L. Rev. 1305 (2007), Cory Aronovitz, Jon Topolewski
Casenote: The Emerald Casino Fiasco, 40 J. Marshall L. Rev. 1305 (2007), Cory Aronovitz, Jon Topolewski
UIC Law Review
No abstract provided.
Your Licensor Has A License To Kill, And It May Be Yours: Why The Ninth Circuit Should Resist Bankruptcy Law That Threatens Intellectual Property Licensing Rights, Jon Minear
Seattle University Law Review
In recent opinions, the U.S. Court of Appeals for the Seventh Circuit has interpreted the Bankruptcy Code ("the Code") in a manner that makes inaction or ignorance perilous for IP licensees whose licensor declares bankruptcy. Although Congress amended the Code to protect a licensee from losing technology rights in these situations, the Seventh Circuit has narrowly interpreted a strikingly similar bankruptcy provision involving real-estate leases and, in doing so, has cast doubt on the efficacy of the licensee protections found in section 365(n) of the Code. In addition, this circuit has broadly interpreted another Code section dealing with title-clearing sales …
Individual Chapter 11 Reorganizations: Big Problems With The New "Big" Chapter 13, Robert J. Landry Iii
Individual Chapter 11 Reorganizations: Big Problems With The New "Big" Chapter 13, Robert J. Landry Iii
University of Arkansas at Little Rock Law Review
No abstract provided.
Rescuing The Rescued: Stemming The Tide Of Foreclosure Rescue Scams In Washington, Zachary E. Davies
Rescuing The Rescued: Stemming The Tide Of Foreclosure Rescue Scams In Washington, Zachary E. Davies
Seattle University Law Review
While foreclosure rescue scam (FRS) victims have many remedies under existing statutes, remedies are inadequate because they fail to holistically address the FRS problem. A successful statutory approach to combating the spread of this insidious scam must rest on three legs: education, enforcement, and litigation. First, homeowners facing foreclosure need timely warnings regarding the existence and prevalence of the FRS before the onslaught of FRSA solicitations begins. Next, in addition to education,homeowners need effective enforcement of the statutes that are supposed to protect them. Finally, homeowners wronged by FRSAs need to be able to seek civil relief that both adequately …