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Full-Text Articles in Law
Law School News: Distinguished Research Professor: John Chung 05-24-2020, Michael M. Bowden
Law School News: Distinguished Research Professor: John Chung 05-24-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Predatory Structured Finance, Christopher L. Peterson
Predatory Structured Finance, Christopher L. Peterson
ExpressO
Predatory lending is a real, pervasive, and destructive problem as demonstrated by record settlements, jury awards, media exposes, and a large body of empirical scholarship. Currently the national debate over predatory mortgage lending is shifting to the controversial question of who should bear liability for predatory lending practices. In today’s subprime mortgage market, originators and brokers quickly assign home loans through a complex and opaque series of transactions involving as many as a dozen different strategically organized companies. Loans are typically transferred into large pools, and then income from those loans is “structured” to appeal to different types of investors. …
Death And Resurrection Of Secured Credit, James J. White
Death And Resurrection Of Secured Credit, James J. White
Articles
The Bankruptcy Reform Act of 1978 (the Code) posed palpable threats to secured creditors. It was drafted by a commission that was at least as concerned with the rights of debtors as with the rights of creditors. It was modified and adopted by a Congress that might have been the most liberal since World War II and signed into law by President Carter at the apogee of the left's power, two years before the Reagan election that marked the rise of the right and the beginning of the left's decline. The power of the left was exerted most forcefully on …
The Slippery Slope To Bankruptcy - Should Some Claimants Get A 'Carve-Out' From Secured Credit? No: It's A Populist Craving For A Petit Bourgeois Valhalla, James J. White
Articles
In 1996, Professor Elizabeth Warren made a proposal to the American Law Institute and the Drafting Committee for Article 9 for a “20 percent set aside” for unsecured claimants. As I understand it, her proposal would amend Section 9-301 of Article 9 (the section that now implicitly subordinates a lien creditor to a prior perfected secured creditor).
Startegy And Force In The Liquidation Of Secured Debt, Ronald J. Mann
Startegy And Force In The Liquidation Of Secured Debt, Ronald J. Mann
Michigan Law Review
The question of why parties use secured debt is one of the most fundamental questions in commercial finance. The commonplace answer focuses on force: A grant of collateral to a lender enhances the lender's ability to collect its debt by enhancing the lender's ability to take possession of the collateral by force and sell it to satisfy the debt. That perspective draws considerable support from the design of the major legal institutions that support secured debt: Article 9 of the Uniform Commercial Code and the less uniform state laws regarding real estate mortgages. Both of those institutions are designed solely …
Latin American Debt Obligations In The 1990s: Risk Strategies: Remedies And Judicial Enforcement, Lee C. Buchheit, Emilio Cardenas, Antonio Mendes, Thomas Heather
Latin American Debt Obligations In The 1990s: Risk Strategies: Remedies And Judicial Enforcement, Lee C. Buchheit, Emilio Cardenas, Antonio Mendes, Thomas Heather
Northwestern Journal of International Law & Business
This is a discussion of debt obligations in Latin America and how the symposium panelists would have advised there clients.
Preface: Latin American Debt In The 1990s: A New Scenario For Creditors And Debtors, Lee C. Buchheit, Ralph Reisner
Preface: Latin American Debt In The 1990s: A New Scenario For Creditors And Debtors, Lee C. Buchheit, Ralph Reisner
Northwestern Journal of International Law & Business
This short preface introduces the purpose of the symposium and introduces each of the articles tat will follow.
Cross-Border Lending: What's Different This Time, Lee C. Buchheit
Cross-Border Lending: What's Different This Time, Lee C. Buchheit
Northwestern Journal of International Law & Business
This article is based upon the author's lecture entitled "The Next Wave of Cross-Border Lending" delivered in connection with the Meredith Lectures at McGill University in April 1994.* The subject of that lecture, and of this article, is how cross-border lending to less developed countries (LDCs) in the 1990s differs from the last major period of such lending in the late 1970s. It is surely a testament to the accelerated obsolescence of modem financial commentary that the author's April 1994 lecture - delivered in the middle of a boom in cross-border lending - has already been followed by a bust …
Limitations On Creditors' Rights To Require Spouses' Signatures Under The Ecoa And Washington Community Property Law, Todd M. Johnson
Limitations On Creditors' Rights To Require Spouses' Signatures Under The Ecoa And Washington Community Property Law, Todd M. Johnson
Seattle University Law Review
This article examines the federal regulations' interaction with Washington community property law to determine when a creditor can require the signature of a Washington applicant's spouse on either a loan instrument or security agreement in five common situations: (1) a married applicant's request for credit secured by community property, (2) a married applicant's request for credit secured by separate property, (3) a married applicant's request for general unsecured credit, (4) a married applicant's request for unsecured credit in specific reliance upon his or her income flow, and (5) a married applicant's request for unsecured credit in specific reliance upon the …
The Abolition Of Self-Help Repossession: The Poor Pay Even More, James J. White
The Abolition Of Self-Help Repossession: The Poor Pay Even More, James J. White
Articles
In this paper I propose to identify possible ways in which a court could uphold the constitutionality of section 9-503 without an explicit rejection of Fuentes v. Shevin. It is my thesis that Fuentes v. Shevin is probably an undesirable outcome, and that the application of the same doctrine to self-help repossession is certainly undesirable and would constitute due process gone berserk. My arguments will not be novel; each has been suggested by the courts that have considered this matter, or by the briefs of the lawyers who have argued these cases. I cannot even claim to have collected the …