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Articles 31 - 36 of 36
Full-Text Articles in Law
Bankruptcy Reorganization: Legal Dynamics Associated With Economic Discontinuity, Young Rock Noh
Bankruptcy Reorganization: Legal Dynamics Associated With Economic Discontinuity, Young Rock Noh
LLM Theses and Essays
This thesis attempts to discover the factors leading to such failures and to propose a cure. It argues that the basic structure of Chapter 11 of the Code, the debtor in possession structure, is one of the essential factors causing such a high rate of failure. The thesis further asserts that it is possible to reduce the rate of unsuccessful reorganization if the bankruptcy court exercises its power of case management more actively and expeditiously. For example, the court can screen the debtors' filing for relief before the reorganization case proceeds too far. Chapter II of this thesis examines the …
Insider Guaranties In Bankruptcy: A Framework For Analysis, Marshall E. Tracht
Insider Guaranties In Bankruptcy: A Framework For Analysis, Marshall E. Tracht
Articles & Chapters
This article presents an economic analysis of insider guaranties in small business finance and bankruptcy, explaining their role in the panoply of legal and contractual devices used to control financial agency costs. It then uses this model to examine two areas of concern in the bankruptcy treatment of insider guaranties (the Deprizio preference problem and the enforceability of springing and exploding guaranties) and to explore some of the wider implications of insider guaranties for small business bankruptcy. Building on the fact that insider guaranties are typically used less to increase the assets available for repayment of the debt than to …
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.
"Reasonable Expectations" Define Board Power To Liquidate A Solvent Close Corporation In Bankruptcy, Shelby D. Green
"Reasonable Expectations" Define Board Power To Liquidate A Solvent Close Corporation In Bankruptcy, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
This Article will argue that, in the absence of contrary provisions in the articles of incorporation, the power of the board of directors of a solvent close corporation to file a voluntary petition for liquidation in bankruptcy must be determined by the theory of “reasonable expectations.” This doctrine not only addresses wrongdoing by those in control, but also defines the power and rights of close corporation participants. Part II briefly considers the uses of bankruptcy in recent years and comments on the peculiar occasion of a solvent corporation deciding to liquidate in bankruptcy. Part III summarizes the facts and identifies …
An Economic Justification For Corporate Reorganizations, Charles Adams
An Economic Justification For Corporate Reorganizations, Charles Adams
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Successor Liability In Bankruptcy: Some Unifying Themes Of Intertemporal Creditor Priorities Created By Running Covenants, Products Liability, And Toxic-Waste Cleanup, David G. Carlson
Faculty Articles
No abstract provided.