Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (42)
- St. John's University School of Law (27)
- Pepperdine University (17)
- University of Tennessee College of Law (12)
- Golden Gate University School of Law (9)
-
- SelectedWorks (7)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (7)
- University of Pennsylvania Carey Law School (5)
- New York Law School (3)
- UIC School of Law (3)
- University of Michigan Law School (3)
- University of Richmond (3)
- Northwestern Pritzker School of Law (2)
- University of Florida Levin College of Law (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Washington School of Law (2)
- Washington University in St. Louis (2)
- William & Mary Law School (2)
- Barry University School of Law (1)
- Brigham Young University Law School (1)
- Cornell University Law School (1)
- Duquesne University (1)
- Duquesne University School of Law (1)
- Emory University School of Law (1)
- Fordham Law School (1)
- Georgetown University Law Center (1)
- Loyola University Chicago, School of Law (1)
- Maurer School of Law: Indiana University (1)
- Mercer University School of Law (1)
- Saint Louis University School of Law (1)
- Keyword
-
- Bankruptcy (103)
- Chapter 11 (23)
- Bankruptcy Code (17)
- Bankruptcy Law (17)
- Insolvency (14)
-
- Restructuring (14)
- Liquidation (12)
- Business Reorganization (11)
- Chapter proceeding (11)
- United States (9)
- White collar crime (9)
- Forfeiture law (8)
- Reorganization (8)
- Chapter 13 (7)
- Ponzi schemes (7)
- Secured transactions (7)
- Selected Professional Activities (7)
- BAPCPA (6)
- Bankruptcy estates (5)
- Debtors (5)
- Gaming (5)
- Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (4)
- Chapter 7 (4)
- Contracts (4)
- Cramdown (4)
- Creditors (4)
- Foreclosure (4)
- Legislation (4)
- Valuation (4)
- Asbestos (3)
- Publication
-
- Bankruptcy Research Library (27)
- Ingrid Michelsen Hillinger (19)
- Pepperdine Law Review (15)
- Chapter 11 Bankruptcy Case Studies (12)
- Golden Gate University Law Review (9)
-
- All Faculty Scholarship (6)
- UNLV Gaming Law Journal (5)
- Michelle M. Harner (4)
- Daniel A. Austin (3)
- Articles & Chapters (2)
- Bruno L. Costantini García (2)
- Doug Rendleman (2)
- Hon. Samuel L. Bufford (2)
- Jorge E De Hoyos Walther (2)
- Max Schatzow (2)
- Richmond Journal of Global Law & Business (2)
- Scholarship@WashULaw (2)
- The Journal of Business, Entrepreneurship & the Law (2)
- UIC Law Open Access Faculty Scholarship (2)
- Adrian J Walters (1)
- Amy J. Sepinwall (1)
- Articles (1)
- Articles by Maurer Faculty (1)
- BYU Law Review (1)
- Barry Law Review (1)
- Catholic University Law Review (1)
- Cornell Law Faculty Working Papers (1)
- David L Perechocky (1)
- Duquesne Law Review (1)
- Emory Bankruptcy Developments Journal (1)
- Publication Type
- File Type
Articles 1 - 30 of 172
Full-Text Articles in Law
The Bankruptcy Discharge: Toward A Fresher Start, Doug R. Rendleman
The Bankruptcy Discharge: Toward A Fresher Start, Doug R. Rendleman
Doug Rendleman
No abstract provided.
Beyond Contempt: Obligors To Injunctions, Doug R. Rendleman
Beyond Contempt: Obligors To Injunctions, Doug R. Rendleman
Doug Rendleman
No abstract provided.
Gaming The System: Bio-Economics, Game Theory, & Fisheries Management, Richard A. Grisel
Gaming The System: Bio-Economics, Game Theory, & Fisheries Management, Richard A. Grisel
Richard A Grisel
This paper argues that game theory provides powerful, effective new tools to analyze externalities that occur in the context of strategic, multi-party, interactive decision-making. I will attempt to treat this as a non-technical paper and avoid the complex mathematics better left to economists and mathematicians. Instead, a more achievable goal is to illustrate how high-seas open-access fishing is virtually identical to a game situation, treat the fundamentals of game theory, and demonstrate that game theoretic analyses are well-suited and fruitful for designing effective policy responses to fisheries management, particularly with respect to the straddling stocks problem. Indeed, one seminal fisheries …
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
Lawrence A. Hamermesh
No abstract provided.
Classification Of Unsecured Claims In Chapter 13 Of The Bankruptcy Reform Act Of 1978: What Is Fair?, James B. Mclaughlin Jr., Robert W. Nelms
Classification Of Unsecured Claims In Chapter 13 Of The Bankruptcy Reform Act Of 1978: What Is Fair?, James B. Mclaughlin Jr., Robert W. Nelms
James B. McLaughlin Jr.
The subject of the classification of unsecured claims in Chapter 13 is a subject which has been written about before. There have also been several informative and well written articles dealing with Chapter 13 in general, which also refer to the problem of classification of claims in Chapter 13. This article will not attempt to reiterate the principles and concepts stated in those articles.
Injunctions Against The Opening Of Gas Storage Facilities, Jorge E. De Hoyos Walther
Injunctions Against The Opening Of Gas Storage Facilities, Jorge E. De Hoyos Walther
Jorge E De Hoyos Walther
A recent decision from the Mexican Supreme Court, clarified the issued as to whether State Courts may issued injunctions against the opening of gas storage facilities related to the gas pipelines for the distribution of natural gas.
Cross-Border Insolvency Problems: Is The Uncitral Model Law The Answer?, S. Chandra Mohan
Cross-Border Insolvency Problems: Is The Uncitral Model Law The Answer?, S. Chandra Mohan
Research Collection Yong Pung How School Of Law
This paper examines the impact that the UNCITRAL Model Law on Cross-border Insolvency has had on States in the light of the central problems often associated with transnational insolvencies. Despite the accolades that it has received, the Model Law has been adopted in only 19 countries in the last 15 years and that too in many different ways. If the number of adoptees and the rather conditional acceptance of the Model Law’s provisions represent a lack of international enthusiasm for adopting the Model Law, what are the reasons for this? The paper concludes by asking whether the UNCITRAL Model Law …
Water Bankruptcy, Christine A. Klein
Water Bankruptcy, Christine A. Klein
UF Law Faculty Publications
Many western states are on the verge of bankruptcy, with debts exceeding assets. And yet, they continue to take on additional debt through contracts and other commitments. Although this distress sounds like an outgrowth of the 2008 recession, this crisis involves water, not money. In particular, the problem concerns the western prior appropriation system of water law, which allocates the right to use water under the priority principle of “first in time, first in right.” In many states, the system is so “over-allocated” that it promises to deliver annually much more water than nature provides. The crisis will deepen as …
Rejection Of Nonresidential Leases Of Real Property In Bankruptcy: What Happens To The Mortgagee's Security Interest? , William E. Winfield
Rejection Of Nonresidential Leases Of Real Property In Bankruptcy: What Happens To The Mortgagee's Security Interest? , William E. Winfield
Pepperdine Law Review
No abstract provided.
Standing To Sue A Carrier's Killers , Davis J. Howard
Standing To Sue A Carrier's Killers , Davis J. Howard
Pepperdine Law Review
No abstract provided.
Interdictos En Contra De Contruccion De Ductos De Distribucion De Gas Natural., Jorge E. De Hoyos Walther
Interdictos En Contra De Contruccion De Ductos De Distribucion De Gas Natural., Jorge E. De Hoyos Walther
Jorge E De Hoyos Walther
Se analiza la más reciente jurisprudencia de la SCJN, referente a los interdictos en contra de construcción de ductos para la distribución de gas natural.
Broke But Not Bankrupt: Consumer Debt Collection In State Courts, Richard M. Hynes
Broke But Not Bankrupt: Consumer Debt Collection In State Courts, Richard M. Hynes
Florida Law Review
Virginia, with a population of about seven million, has averaged more than a million civil filings a year since the late 1980s. The overwhelming majority of these filings seek to collect debts from consumers, and most judgments go unpaid. Despite this apparent insolvency, civil litigation appears to be only tenuously related to consumer bankruptcy whether one looks at Virginia or at the nation as a whole. Nationally, the non-business bankruptcy filing rate rose by more than 350% between 1980 and 2002, while the civil filing rate rose by about 12%. Prior research suggests that relatively few bankrupt debtors have been …
The New Value Exception To The Absolute Priority Rule In Chapter 11 Reorganizations: What Should The Rule Be? , Linda J. Rusch
The New Value Exception To The Absolute Priority Rule In Chapter 11 Reorganizations: What Should The Rule Be? , Linda J. Rusch
Pepperdine Law Review
No abstract provided.
Mandatory Class Action Lawsuits As A Restructuring Technique, Bryant B. Edwards, Jeffrey A. Herbst, Selina K. Hewitt
Mandatory Class Action Lawsuits As A Restructuring Technique, Bryant B. Edwards, Jeffrey A. Herbst, Selina K. Hewitt
Pepperdine Law Review
No abstract provided.
Home Mortgage Strip Down In Chapter 13 Bankruptcy: A Contextual Approach To Sections 1322(B)(2) And (B)(5), Mark S . Scarberry, Scott M. Reddie
Home Mortgage Strip Down In Chapter 13 Bankruptcy: A Contextual Approach To Sections 1322(B)(2) And (B)(5), Mark S . Scarberry, Scott M. Reddie
Pepperdine Law Review
No abstract provided.
Bankruptcy Law, Hon. Douglas O. Tice Jr., K. Elizabeth Sieg, David W. Gaffey
Bankruptcy Law, Hon. Douglas O. Tice Jr., K. Elizabeth Sieg, David W. Gaffey
University of Richmond Law Review
No abstract provided.
Playing The "Get Out Of College Free" Card: Dischargeability Of Educational Debts In Chapter 7 Bankruptcy, Julie J. Heimark
Playing The "Get Out Of College Free" Card: Dischargeability Of Educational Debts In Chapter 7 Bankruptcy, Julie J. Heimark
Pepperdine Law Review
No abstract provided.
Continuing The Litigation Of Collateral Valuation In Bankruptcy: Associates Commercial Corp. V. Rash, Kenneth L. Reich
Continuing The Litigation Of Collateral Valuation In Bankruptcy: Associates Commercial Corp. V. Rash, Kenneth L. Reich
Pepperdine Law Review
No abstract provided.
Defending The Current State Of Section 363 Sales, Jared A. Wilkerson
Defending The Current State Of Section 363 Sales, Jared A. Wilkerson
W&M Law Student Publications
Notwithstanding the priority-based controversy following the Chrysler and GM § 363(b) sales, value is the central dispute dominating the asset sale debate. Given the mounting data purporting to show that sales harm junior creditors by producing low value, I confront two issues in this article. First, I address the depth and breadth of the low value phenomenon for junior creditors, concluding that(a) although sales appear to cut deeply into creditor recoveries, causation has yet to be shown; and (b) sales have not, contrary to the predictions of some scholars, overtaken reorganization. Second, using qualitative and quantitative analysis, I challenge four …
Rehabilitating Bankruptcy Reform, Kara J. Bruce
Rehabilitating Bankruptcy Reform, Kara J. Bruce
Nevada Law Journal
No abstract provided.
Improving Bankruptcy Sales By Raising The Bar: Imposing A Preliminary Injunction Standard On Objections To Section 363 Sales, Matthew Adam Bruckner
Improving Bankruptcy Sales By Raising The Bar: Imposing A Preliminary Injunction Standard On Objections To Section 363 Sales, Matthew Adam Bruckner
Matthew Adam Bruckner
In response to objections causing wasteful, unnecessary, and inappropriate delay in the bankruptcy sale context, this article concludes that bankruptcy courts should employ a preliminary injunction standard for evaluating objections to bankruptcy sales. Employing a strict, clear and uniform standard would decrease the likelihood that strategic objectors will succeed in delaying bankruptcy sales, but should not bias creditors with “legitimate” objections. By preventing inappropriate delay, courts will ensure that creditors receive an appropriate amount of procedural protection for their legitimate claims, while at the same time preventing parties-in-interest from engaging in rent-seeking behavior by making strategic objections to bankruptcy sales.
Dynamic Resolution Of Large Financial Institutions, Thomas H. Jackson, David A. Skeel Jr.
Dynamic Resolution Of Large Financial Institutions, Thomas H. Jackson, David A. Skeel Jr.
All Faculty Scholarship
One of the more important issues emerging out of the 2008 financial crisis concerns the proper resolution of a systemically important financial institution. In response to this, Title II of Dodd-Frank created the Orderly Liquidation Authority, or OLA, which is designed to create a resolution framework for systemically important financial institutions that is based on the resolution authority that the FDIC has held over commercial bank failures. In this article, we consider the various alternatives for resolving systemically important institutions. Among these alternatives, we discuss OLA, a European-style bail-in process, and coerced mergers, while also extensively focusing on the bankruptcy …
The Law Of Ponzi Payouts, Spencer A. Winters
The Law Of Ponzi Payouts, Spencer A. Winters
Michigan Law Review
When a Ponzi scheme collapses, there will typically be net winners and net losers. The bankruptcy trustee will often seek to force the net winners - those who received more money back from the Ponzi scheme than they invested - to disgorge their profits. Courts diverge on whether they should compel disgorgement in this instance. This Note argues that under prevailing fraudulent transfer law, net winners in a Ponzi scheme need not disgorge their profits. This is because the investor's dollar-for-dollar discharge of a preexisting debt constitutes the transfer of value in exchange for the payout. There are two exceptions …
State Default And Synthetic Bankruptcy, Richard M. Hynes
State Default And Synthetic Bankruptcy, Richard M. Hynes
Washington Law Review
An insolvent state does not need bankruptcy if sovereign immunity would protect it from lawsuits and other collection efforts. To the extent that a state is not judgment-proof and needs bankruptcy, we may not need to modify the Federal Bankruptcy Code to allow it to file. First, a substantial share of state spending flows through their municipalities, and these municipalities have substantial obligations of their own. Unlike states, municipalities can file for bankruptcy under current law, and a state could substantially reduce the cost of accomplishing its own fiscal goals by forcing its municipalities to file. Second, states may be …
Mediating Disputes Arising Out Of Troubled Companies - Do It Sooner Rather Than Later, The Hon. Randall J. Newsome
Mediating Disputes Arising Out Of Troubled Companies - Do It Sooner Rather Than Later, The Hon. Randall J. Newsome
Golden Gate University Law Review
Over the last several years, there has been much academic debate on the subject of “vanishing trials”—whether the settlement rate in bankruptcy and other courts is accelerating, and whether that is a healthy trend for our justice system. A more interesting question is why disputes in chapter 11 cases are not resolved sooner. Why does it take so much time and so much money for parties to settle their differences and arrive at a consensual chapter 11 plan?
Cite as 42 Golden Gate U. L. Rev. 661 (2012).
Obtaining The Release Of Grand Jury Evidence In Ponzi Cases, The Hon. Steven Rhodes
Obtaining The Release Of Grand Jury Evidence In Ponzi Cases, The Hon. Steven Rhodes
Golden Gate University Law Review
Evidence that law enforcement authorities obtain through the grand jury process is generally secret. Nevertheless, case law can provide a powerful basis for a trustee, a receiver or any party in a Ponzi case to obtain evidence that the government has in its possession as a result of its investigation of a Ponzi scheme. This Article considers the extent to which parties in a Ponzi scheme insolvency proceeding might be able to obtain evidence presented in a criminal grand jury proceeding relating to the Ponzi scheme.
Cite as 42 Golden Gate U. L. Rev.657 (2012).
Overcoming Administrative, Procedural And Evidentiary Hurdles In Ponzi Scheme Litigation, Sharon Z. Weiss, Natalie B. Daghbandan
Overcoming Administrative, Procedural And Evidentiary Hurdles In Ponzi Scheme Litigation, Sharon Z. Weiss, Natalie B. Daghbandan
Golden Gate University Law Review
The unfortunate reality that comes with a Ponzi scheme case in bankruptcy is a mass of deceived unsecured creditors clamoring for their money back, and few, if any, present assets within the bankruptcy estate with which to pay them. The sheer size of most Ponzi schemes cases necessarily presents unique evidentiary, procedural and administrative challenges to professionals seeking to sort out the failed Ponzi enterprise. Ponzi scheme cases are riddled with litigation, which generally falls into four categories: (1) litigation against the Ponzi scheme operator(s), (2) litigation against parties who enabled the scheme to continue (such as professionals), (3) litigation …
Black Swans, Ostriches, And Ponzi Schemes, Nancy B. Rapoport
Black Swans, Ostriches, And Ponzi Schemes, Nancy B. Rapoport
Golden Gate University Law Review
Cite as 42 Golden Gate U. L. Rev. 627 (2012).
The Collapse Of Financial Fraud: Measuring Bankruptcy Avoidance Action, Jessica D. Gabel, Isaac Asher, Mary Beth Byington
The Collapse Of Financial Fraud: Measuring Bankruptcy Avoidance Action, Jessica D. Gabel, Isaac Asher, Mary Beth Byington
Golden Gate University Law Review
Ponzi schemes lay their foundation on fraud. Once the con is exposed, the culprits are usually stripped of their pilfered millions and sent off to jail. Unfortunately for the victims, the process of recovering any portion of the money they lost in the scam is, to put it mildly, complicated. The challenge rests, in part, in differences between federal forfeiture statutes and Bankruptcy Code principles in determining what assets can be recovered and who is entitled to a portion of the Ponzi pie. What is a Ponzi scheme (as defined by the courts rather than the media)? The Second Circuit …
Handling Claims In Ponzi Scheme Bankruptcy And Receivership Cases, Kathy Bazoian Phelps
Handling Claims In Ponzi Scheme Bankruptcy And Receivership Cases, Kathy Bazoian Phelps
Golden Gate University Law Review
The end game for defrauded investors and other creditors in a Ponzi scheme case is the recovery of the maximum amount on their claims. Depending on whether the Ponzi perpetrator has landed in a bankruptcy case or a receivership proceeding, the rules governing the allowance and distribution priorities for claims filed in Ponzi scheme cases may vary. This Article discusses the treatment of the defrauded investor’s claim in both bankruptcy and receivership cases. This Article also contrasts relatively rigid provisions in the Bankruptcy Code for the allowance, priority and distribution of claims in Ponzi scheme cases with the more flexible …