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Articles 1 - 21 of 21
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
Margaret Howard
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 …
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.
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).
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
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 Case For "Cramdown": Eliminating The Practical And Ideological Barriers To Pure Mortgage Modification, Peter J. Leo
The Case For "Cramdown": Eliminating The Practical And Ideological Barriers To Pure Mortgage Modification, Peter J. Leo
University of Miami Business Law Review
No abstract provided.
Automotive Bankruptcy Panel Discussion - November 16, 2009, David G. Heiman, Stephen Kerotkin, Stephen D. Lerner, Thomas Moers Mayer
Automotive Bankruptcy Panel Discussion - November 16, 2009, David G. Heiman, Stephen Kerotkin, Stephen D. Lerner, Thomas Moers Mayer
Cleveland State Law Review
This panel discussion concerning bankruptcy and the automobile industry took place in the Joseph W. Bartunek III Moot Court Room on the campus of the Cleveland-Marshall College of Law on November 16, 2009.
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
Vanderbilt Law Review
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 …
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, …
On Considering The Public Interest In Bankruptcy: Looking To The Railroads For Answers, Julie A. Veach
On Considering The Public Interest In Bankruptcy: Looking To The Railroads For Answers, Julie A. Veach
Indiana Law Journal
No abstract provided.
Fresh Start, False Start, Or Head Start?, Douglass Boshkoff
Fresh Start, False Start, Or Head Start?, Douglass Boshkoff
Indiana Law Journal
No abstract provided.
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.
Strange Visions In A Strange World: A Reply To Professors Bradley And Rosenzweig, Lynn M. Lopucki
Strange Visions In A Strange World: A Reply To Professors Bradley And Rosenzweig, Lynn M. Lopucki
Michigan Law Review
Much about chapter 11 is in need of improvement. But, as is so often the case, the resonant themes are not the right ones. All three legs of Bradley and Rosenzweig's argument for repeal are seriously flawed. The heart of their empirical argument is their claim to have shown that financially stronger companies reorganizing under chapter 11 have been paying less to both their creditors and their shareholders than did weaker companies reorganizing under prior law. In Part I below, I present several more plausible explanations for the stock and bond price phenomena they observed. In all likelihood, their data …
Environmental Impediments To Bankruptcy Reorganizations, James K. Mcbain
Environmental Impediments To Bankruptcy Reorganizations, James K. Mcbain
Indiana Law Journal
No abstract provided.
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.
Has The Time Come To Repeal Chapter 13?, William C. Whitford
Has The Time Come To Repeal Chapter 13?, William C. Whitford
Indiana Law Journal
Symposium: As We Forgive Our Debtors
Personal Bankruptcy Under The 1978 Bankruptcy Code: An Economic Analysis, Michelle J. White
Personal Bankruptcy Under The 1978 Bankruptcy Code: An Economic Analysis, Michelle J. White
Indiana Law Journal
No abstract provided.
Payments To Unsecured Creditors Under Chapter 13 Of The Bankruptcy Reform Act Of 1978, Mark H. Edwards
Payments To Unsecured Creditors Under Chapter 13 Of The Bankruptcy Reform Act Of 1978, Mark H. Edwards
Indiana Law Journal
No abstract provided.