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Full-Text Articles in Law
When Churches Reorganize, Pamela Foohey
When Churches Reorganize, Pamela Foohey
Articles by Maurer Faculty
The article complements and expands the author’s prior article, Bankrupting the Faith. This article primarily relies on interviews with attorneys who represented religious organizations in chapter 11 bankruptcy to assess whether reorganization has the potential to offer an effective solution to religious organizations’ financial problems. In doing so, it makes three contributions. First, it tracks the post-bankruptcy outcomes of a portion of the debtors to find that approximately 65% remained operating post-bankruptcy; these outcomes contradict previous studies of small business bankruptcy and are important to current debates about reforming small business bankruptcy. Given this—and in keeping with the ABLJ’s …
Bankruptcy Bondage, Margaret Howard
Bankruptcy Bondage, Margaret Howard
Scholarly Articles
Initially, it might seem an affront to the history of slavery in this country to suggest that similar concerns are raised by an expectation that debtors pay their debts. Nevertheless, certain aspects of the Bankruptcy Code present genuine constitutional difficulties under the Thirteenth Amendment. These difficulties have been recognized for several decades, albeit as a matter of speculation. Now, however, un- der the 2005 Amendments to the Bankruptcy Code, this issue is no longer speculative. Under the 2005 Amendments, an individual debtor may be put into a chapter 11 proceeding involuntarily, and re- quired to make payments under a plan …
A Team Production Theory Of Bankruptcy Reorganization, Lynn M. Lopucki
A Team Production Theory Of Bankruptcy Reorganization, Lynn M. Lopucki
UF Law Faculty Publications
In the year before United Airlines filed for bankruptcy reorganization, the firm lost $3.2 billion. Fierce competition in the airline industry prevents United from stemming its losses solely through increases in revenues. Costs will have to be cut. The necessary expense reductions could come from reductions in employee pay and benefits, reductions in the amounts owing to creditors (which reduce interest expense), or both. Which should it be? United's situation is complicated by the fact that its employees own 55 percent of its stock and that their wage levels are protected by a collective bargaining agreement. But if we assume …
The Myth Of The Residual Owner: An Empirical Study, Lynn M. Lopucki
The Myth Of The Residual Owner: An Empirical Study, Lynn M. Lopucki
UF Law Faculty Publications
Most bankruptcy scholars who have considered the residual owner approach have come away with a healthy skepticism. But despite its theoretical difficulties, the residual owner approach persists. I attribute this persistence to an empirical assumption that usually remains implicit. In spite of the theoretical difficulties in identifying the single residual owners of bankrupt firms, the scholars who employ residual owner approaches believe that in reality, residual owners exist and can be easily identified inmost cases. Parties may bluster about the uncertainty of firm value and other parties may be compelled to compromise with them in order to avoid an expensive, …
New Capital For Bankruptcy Reorganizations: It's The Amount That Counts,, Charles Adams
New Capital For Bankruptcy Reorganizations: It's The Amount That Counts,, Charles Adams
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Reorganization Realities, Methodological Realities, And The Paradigm Dominance Game, Lynn M. Lopucki
Reorganization Realities, Methodological Realities, And The Paradigm Dominance Game, Lynn M. Lopucki
UF Law Faculty Publications
The comments I present here pertain to two subjects. The first is the Warren and Westbrook attack on "arm chair theorists' and the response of the Conferees to this attack. The second is the problem of sample selection and its relationship to regularized data gathering.
Owners, Auctions, And Absolute Priority In Bankruptcy Reorganizations, Bruce A. Markell
Owners, Auctions, And Absolute Priority In Bankruptcy Reorganizations, Bruce A. Markell
Articles by Maurer Faculty
No abstract provided.