Law Commons^™

When Gaming Goes Heads Up With The Bankruptcy Code: Unique Restructuring Issues For Gaming Businesses In Difficult Economic Times, Dawn M. Cica, Laury M. Macauley

UNLV Gaming Law Journal

The intersection of gaming and bankruptcy law has long presented legal conflicts that have never been easily reconciled. This problem has been exacerbated in recent years by the current global and national economic turbulence that has greatly impacted the casino gaming industry and has led to a sizeable increase in the number of businesses using bankruptcy to restructure and/or liquidate assets.

The Long And Winding Road: State Sovereign Immunity's Effect On Gaming License Revocation For The Casino Debtor, Christopher M. Humes

UNLV Gaming Law Journal

One of the most vital and contentious proceedings between a casino debtor and a regulatory agency is a post-petition license revocation hearing. Much debate exists about whether the license qualifies as property of the estate and whether the regulatory agency can be exempted from the protections inherent in the Bankruptcy Code due to the use of police and regulatory power. However, maybe the most contentious and impactful debate is whether the regulatory agency is free from the bankruptcy court’s jurisdiction due to the Eleventh Amendment’s guarantee of sovereign immunity.

At the center of the tension concerning sovereign immunity lies 11 …

Till V. Scs Credit Corp.: Can You "Till" Me How To Cram This Down? The Supreme Court Addresses The Proper Approach To Calculating Cram Down Interest Rates, Phillip J. Giese

Pepperdine Law Review

No abstract provided.

The Damage Of Debt, Katherine Porter

Washington and Lee Law Review

No abstract provided.

Mortgage Wars Episode V - The Empiricist Strikes Back (Or Out): A Reply To Professor Levitin's Response , Mark S. Scarberry

Pepperdine Law Review

Professor Adam Levitin has responded to my recent symposium article critiquing proposed congressional legislation that would allow modification (including strip down) of home mortgages in Chapter 13 bankruptcy. A portion of my Critique criticized his empirical studies concerning the likely effect of the proposed legislation on mortgage interest rates and availability, and also criticized the arguments he has made in support of the proposed legislation. The Critique did note, however, that the insight involved in conceiving of such empirical studies was impressive. Surprisingly, Professor Levitin’s Response fails to deal with the substantial case authority discussed in my Critique. He treats …

Back To The Future With Chapter 13: A Response To Professor Scarberry, Adam J. Levitin

Pepperdine Law Review

Professor Mark Scarberry has put forth a formidable critique of my empirical study of mortgage market sensitivity to bankruptcy modification risk. As this response shows, however, his critique does not hold up under scrutiny. Professor Scarberry argues that my study design is invalid because, as he reads the current state of the law, cramdown is virtually impossible. Therefore, he contends, we should not expect markets to exhibit sensitivity to cramdown risk, so no policy conclusions can be derived from my finding of market insensitivity. Regrettably, Professor Scarberry overreads the state of the law. The law is in fact unsettled, and …

A Critique Of Congressional Proposals To Permit Modification Of Home Mortgages In Chapter 13 Bankruptcy, Mark S. Scarberry

Pepperdine Law Review

Proposed amendments to the Bankruptcy Code permitting strip down of under secured home mortgages to the court-determined value of the homes and other modifications of home mortgages in Chapter 13 would substantially alter the risk characteristics of home mortgages, with likely substantial effects on future mortgage interest rates and future mortgage availability. Thus, the future societal cost of such a change in the law likely would be large. This article explains and supports that thesis, primarily on the ground that the proposed changes would leave mortgage holders with all of the future downside risk in the real property market while …

Contingent Capital With Sequential Triggers, Wulf A. Kaal, Christoph K. Henkel

San Diego Law Review

Contingent capital has great potential to help make systemically important financial institutions (SIFIs) safer, minimize systemic risk, and help avoid another financial crisis. United States policymakers may not have fully utilized the potential of contingent capital. A draft by the European Union (EU) Commission already suggests the mandatory issuance of contingent capital securities in the resolution phase of systemically important banks in Europe. The Dodd-Frank Wall Street Reform and Consumer Protection Act mandates a study on the feasibility of contingent capital. This Article proposes the use of contingent capital with a sequential trigger as an early preventative tool and as …

Bankruptcy Federalism: A Doctrine Askew , Margaret Howard

Pepperdine Law Review

No abstract provided.

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 …

Keeping Score When Bankruptcy Principles And The Federal Anti-Assignment Act Collide: Government Contractors' Options Concerning Executory Contracts, Tanya M. Kiatkulpiboone

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

Software Licenses, Source Code Escrows, And Trustee Powers Under 11 U.S.C. §365, James E. Raymond

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

Considerations For Private Equity Firms When Utilizing Chapter 11 New Value Deals, Alexandra Wilde

Michigan Business & Entrepreneurial Law Review

The new value exception to the Chapter 11 absolute priority rule provides a narrow avenue for equity holders to retain an equity interest in a reorganized company over the objections of senior creditors and interest holders. With the increasing number of Chapter 11 reorganization filings by private equity owned companies, private equity firms may be interested in exploring ways to retain their equity ownership in the debtor company. This Note explores the unique implications a private equity firm may encounter when attempting to utilize the new value exception as a last resort to maintain ownership in a debtor company. Part …

Makalidung's Post: How Stern V. Marshall Is Shaking A Bankruptcy Court Jurisdiction To Its Core, Christopher S. Lockman

Duquesne Law Review

No abstract provided.

On The Edge Of The 'Fiscal Cliff': How The American Middle Class And Gobal Economy Bear Risk, Steven A. Montalto

Public Interest Law Reporter

No abstract provided.

Economic Integration: An American Solution To The Multinational Enterprize Group Conundrum, Robert W. Miller

Richmond Journal of Global Law & Business

No abstract provided.

Business Insolvency And The Irish Debt Crisis, Paul B. Lewis

Richmond Journal of Global Law & Business

No abstract provided.

Student Loans, Politics, And The Occupy Movement: Financial Aid Rebellion And Reform, 46 J. Marshall L. Rev. 105 (2012), Kamille Wolff Dean

UIC Law Review

No abstract provided.

Hamilton V. Lanning: The Economic Implications Of Forecasting A Debtor's Disposable Income, Tracy L. Leyba

Journal of Business & Technology Law

No abstract provided.

The New Danger Of Being Fired: Section 525(B)’S Disproportionate Effect On Older Workers And A Call To Amend, Jina Kim Yun

Northwestern Journal of Law & Social Policy

This Note explores an increasingly perverse effect of an anti-discriminatory provision of the Bankruptcy Code on numerous Americans who have declared personal bankruptcies after the recent economic recession of 2007. Under § 525(b) of the Bankruptcy Code, a private employer is not prohibited from barring a former debtor from prospective employment based on a past insolvency. This provision has had an immense impact on the large number of former debtors seeking the fresh start that bankruptcy law is meant to provide. With the dramatic increase in the number of personal bankruptcies, this Note argues that such an impact is overly …

Sec V. Byers, David M. Brown

NYLS Law Review

No abstract provided.

Still Solvent: The Third Circuit Continues To Support "Deepening Insolvency" As A Viable Tort Claim In In Re Lemington Home For The Aged, Eric Kim

Villanova Law Review

No abstract provided.

The Effect Of Franchisor Bankruptcy On Executory Supply Contracts: Does The Franchisee Have A Remedy?, Matthew J. Burne

Barry Law Review

No abstract provided.

Improving Bankruptcy Sales By Raising The Bar: Imposing A Preliminary Injunction Standard For Objections To § 363 Sales, Matthew A. Bruckner

Catholic University Law Review

No abstract provided.

The Scorecard So Far: Emerging Issues In Cross-Border Insolvencies Under Chapter 15 Of The U.S. Bankruptcy Code, Megan R. O'Flynn

Northwestern Journal of International Law & Business

Chapter 15 of the U.S. Bankruptcy Code was modeled after the Model Law on Cross-Border Insolvency, drafted by the United Nations Commission on International Trade and Law (UNCITRAL) in 1997. Despite the relatively small number of cases commenced in U.S. Courts under Chapter 15 since its adoption, no other section of the current Bankruptcy Code has broader implications for international business transactions and global foreign business relations than the provisions of Chapter 15. Moreover, since the United States has long been an innovator at the forefront of international insolvency law, interpretation of key provisions of the Chapter and related UNCITRAL …

What We “Know” About Chapter 11 Cost Is Wrong, Stephen J. Lubben

Fordham Journal of Corporate & Financial Law

Among the collective wisdom about large corporate bankruptcy cases, the following points are almost undisputed: Longer chapter 11 cases cost more; prepackaged chapter 11 cases cost less; cases filed in New York or Delaware cost more; and fee examiners control the costs of big chapter 11 cases. But each of these points is wrong, and in most cases entirely backward. This Article provides empirical evidence to show why. Ultimately, I argue that the complexity of the bankruptcy and the compensation structure of the professionals retained (which may itself reflect further aspects of complexity) are the key determinants of cost. The …

Welcome, Robert Schapiro

Emory Bankruptcy Developments Journal

To mark the occasion of the Emory Bankruptcy Developments Journal Ninth Annual Symposium, Dean Robert Schapiro gave a rousing welcome to the audience and highlighted the Stern v. Marshall case that is being presented in one the symposium panels.