Law Commons^™

The Easy Case Of The Priority Of Secured Claims In Bankruptcy, Steven L. Schwarcz

Duke Law Journal

For years, scholars have questioned the efficiency of secured debt, many suggesting that it transfers uncompensated risk to unsecured creditors. However, prior writing on the value of secured debt ignores the distinction between the use and the availability of secured credit. As a result, previous models of secured debt erroneously assume that a debtor that can borrow on an unsecured basis will nevertheless borrow on a secured basis to reduce interest cost. This Article combines theory, experience, and empirical tests to show that earlier models do not reflect the expected behavior of an economically rational debtor. These models fail to …

Measuring The Social Costs And Benefits And Identifying The Victims Of Subordinating Security Interests In Bankruptcy , Steven L. Harris, Charles W. Mooney Jr.

Cornell Law Review

No abstract provided.

Barbarians At The Trough: Riposte In Defense Of The Warren Carve-Out Proposal , Kenneth N. Klee

Cornell Law Review

No abstract provided.

Uneasy Case For The Priority Of Secured Claims In Bankruptcy: Further Thoughts And A Reply To Critics , Lucian Arye Bebchuk, Jesse M. Fried

Cornell Law Review

No abstract provided.

Should The Secured Credit Carve Out Apply Only In Bankruptcy? A Systems/Strategic Analysis , Lynn M. Lopucki

Cornell Law Review

No abstract provided.

Making Policy With Imperfect Information: The Article 9 Full Priority Debates , Elizabeth Warren

Cornell Law Review

No abstract provided.

Reconciling The Dormant Conflict: Crafting A Banking Exception To The Fraudulent Conveyance Provision Of The Bankruptcy Code For Bank Holding Company Asset Transfers, Cassandra Jones Havard

All Faculty Scholarship

Banking law and bankruptcy law clash. This is most evident when a bank holding company (parent company) becomes insolvent after it has made an asset transfer to its financially troubled bank subsidiary.

The Bankruptcy Code (Code) governs the insolvency proceedings of the bank holding company. Predictably, the parent company's trustee, appointed for the protection of all the creditors of the bankrupt entity, uses the fraudulent conveyance provision of the Code to have any asset transfers that were made to the bank subsidiary returned to the debtor's estate. The good faith exception to that provision will protect the asset transfer only …

Should The Secured Credit Carve Out Apply Only In Bankruptcy? A Systems/Strategic Analysis, Lynn M. Lopucki

UF Law Faculty Publications

No abstract provided.