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Full-Text Articles in Law
Debarring Faithless Corporate And Religious Fiduciaries In Bankruptcy, Lyman P.Q. Johnson
Debarring Faithless Corporate And Religious Fiduciaries In Bankruptcy, Lyman P.Q. Johnson
Lyman P. Q. Johnson
Fiduciary duties for the top governance officials of both business and religious organizations demand faithfulness to the institution’s mission, a seemingly strict demand. Meaningful sanctions for breach, however, are difficult to obtain and may not deter future misconduct, including that kind of conduct leading to organizational bankruptcy. This article advocates that, to attain both special and general deterrence, bankruptcy law should look to other regulatory regimes and permit a bankruptcy court to debar faithless secular and ecclesiastical fiduciaries from holding certain leadership positions. Although written shortly before the 2012 Supreme Court Hosanna-Tabor decision, that opinion – addressing the “ministerial exception” …
Improving Fraudulent Transfer Law In Leverage Buy-Outs Through Judicial Certainty & Reliability, Vincent V. Hilldrup
Improving Fraudulent Transfer Law In Leverage Buy-Outs Through Judicial Certainty & Reliability, Vincent V. Hilldrup
Vincent V. Hilldrup
LBOs that file for bankruptcy are routinely challenged under fraudulent transfer law, where plaintiffs allege that the LBO unreasonably reduced the target’s liquidity and capital adequacy, saddled it with debt and was completed as a means of funneling company assets to both current and former shareholders. These cases will bestow upon bankruptcy courts the responsibility and power of efficiently allocating billions of dollars to classes of creditors and clawing back funds from shareholders. Since these cases will have a crucial impact on the overall economy, it is imperative that bankruptcy courts wield their authority and power in a predictable, fair, …
Personal Insolvency Law After The Enterprise Act: An Appraisal, Adrian Walters
Personal Insolvency Law After The Enterprise Act: An Appraisal, Adrian Walters
Adrian J Walters
No abstract provided.
Book Review: Andrew Keay & Peter Walton, Insolvency Law: Corporate And Personal (2003)., Adrian Walters
Book Review: Andrew Keay & Peter Walton, Insolvency Law: Corporate And Personal (2003)., Adrian Walters
Adrian J Walters
No abstract provided.
Wrongful Trading: Two Recent Cases, Adrian Walters
Wrongful Trading: Two Recent Cases, Adrian Walters
Adrian J Walters
No abstract provided.
Leave To Act As A Company Director Following Disqualification: Re Barings Plc, Adrian Walters
Leave To Act As A Company Director Following Disqualification: Re Barings Plc, Adrian Walters
Adrian J Walters
No abstract provided.
Foreshortening The Shadow: Maintenance, Champerty And The Funding Of Litigation In Corporate Insolvency, Adrian Walters
Foreshortening The Shadow: Maintenance, Champerty And The Funding Of Litigation In Corporate Insolvency, Adrian Walters
Adrian J Walters
No abstract provided.