Law Commons^™

The Bankruptcy Of Golfers' Warehouse, Inc.: A Lesson In How To Sell A Business In Chapter 11, Briton Collins, Will Smith, David Choi

David Y Choi

No abstract provided.

Bankruptcy Federalism: A Doctrine Askew, Margaret Howard

Lyman P. Q. Johnson

No abstract provided.

The Bankruptcy Puzzle, Margaret F. Brinig, F. H. Buckley

Margaret F Brinig

This article offers new evidence on the determinants of U.S. consumer bankruptcy filing rates, which tripled from 1984 to 1991. The run-up in filing rates does not appear to be a consequence of legal changes since the increase coincided with Bankruptcy Code amendments designed to reduce filing rates by rejecting opportunistic petitions. The run-up also coincided with a major economic boom and crested with the 1991 recession. However, much of the variation in district filing rates is attributable to differences in social variables, and we suggest that changes in social norms might account for the increased bankruptcy filings. This article …

Please Take Your Collateral: The Meaning Of Surrender, Ingrid Hillinger

Ingrid Michelsen Hillinger

No abstract provided.

Activist Investors, Distressed Companies, And Value Uncertainty, Michelle M. Harner, Jamie Marincic Griffin, Jennifer Ivey-Crickenberger

Michelle M. Harner

Hedge funds, private equity firms, and other alternative investment funds are frequently key players in corporate restructurings. Most commentators agree that the presence of a fund can change the dynamics of a chapter 11 case. They cannot agree, however, on the impact of this change—i.e., do funds create or destroy enterprise value? This essay contributes to the dialogue by analyzing data from chapter 11 cases in which funds are in a position to influence the debtor’s exit strategy. The data shed light on what such funds might achieve in chapter 11 cases and the potential implications for debtors and their …

Not So Fast, Senator! How To Really Solve The Student-Loan Debt Crisis, Daniel Austin

Daniel A. Austin

No abstract provided.

What Is A Return -- The Long Slow Fight In The Bankruptcy Courts, T. Keith Fogg

T. Keith Fogg

This article examines what constitutes a return within the context of a bankruptcy for purposes of allowing a taxpayer to discharge the tax debt.

Iflas And Chapter 11: Classical Islamic Law And Modern Bankruptcy, Abed Awad, Robert Michael

Robert E Michael

There is no question that the orderly development of Islamic finance will require finding ways to amalgamate the classical Islamic law of bankruptcy with the needs of the modern Islamic finance industry. The unreasonable reliance on ever-expanding opportunities has disappeared along with the global credit markets. It is therefore inescapable that loss scenarios must be dealt with. That in turn means effective bankruptcy laws. We hope this article will help foster the effort.

Iflas And Chapter 11: Classical Islamic Law And Modern Bankruptcy, Abed Awad, Robert E. Michael

Robert E. Michael

There is no question that the orderly development of Islamic finance will require finding ways to amalgamate the classical Islamic law of bankruptcy with the needs of the modern Islamic finance industry. The unreasonable reliance on ever-expanding opportunities has disappeared along with the global credit markets. It is therefore inescapable that loss scenarios must be dealt with. That in turn means effective bankruptcy laws. We hope this article will help foster the effort.

Do Inherited Iras Protect Assets Well?, Lindsey Paige Markus, Assistance From Evan D. Blewett

Evan Blewett

Whether a client has a complex or simple estate plan, failure to properly address a retirement plan (IRA) beneficiary designation may cause havoc. Regardless of what a client’s estate plan may say, the beneficiary designation under the client’s IRA governs.

Hidden In Plain View: The Pension Shield Against Creditors, Patricia E. Dilley

Patricia E Dilley

No abstract provided.

Teaching Business Law Through An Entrepreneurial Lens, Michelle M. Harner

Michelle M. Harner

The legal market has changed. Although change creates uncertainty and fear, it also can create opportunity. This essay explores the opportunity for innovation in the business law curriculum, and the role of simulation to help create more practice-aware new lawyers.

‘Don’T File!’: Rehabilitating Unauthorized Practice Of Law-Based Policies In The Credit Counseling Industry, Lea Krivinskas Shepard

Lea Krivinskas Shepard

No abstract provided.

Liquid Assets: A Coasian Economic Analysis Of Oregon's Allocation Of Conserved Water Program, Richard A. Grisel

Richard A Grisel

Diversions for residential, agricultural, recreational, commercial, industrial, and other beneficial uses have had the effect of removing water from rivers and tributaries throughout the western U.S. Another, more recent, competing use is ecological, demonstrated by the legal recognition of instream beneficial uses in some jurisdictions. As awareness of the progressively acute need for reallocation has increased in the arid West, so has interest in water markets and other mechanisms to facilitate transfers across beneficial uses. However, governments and water users face a legacy prior appropriation system that prohibits instream beneficial uses, encourages maximal diversion, stifles water right fungibility, and generally …

Get Ready For The Amendments To Revised Article 9, Ingrid Hillinger, Edwin Smith

Ingrid Michelsen Hillinger

Revised Article 9, effective in 2001, has created problem spots. The 2012 Amendments, effective in July 2013, attempt to solve them. Ed Smith of Bingham McCutchen and I lectured on the amendments.

Municipalities In Peril: The Abi Guide To Chapter 9, Second Edition Written By: H. Slayton Dabney Jr., Patrick Darby, Daniel G. Egan, Marc A. Levinson, George B. South Iii And Emily J. Tidmore (Abi, 2012), Juliet Moringiello

Juliet M Moringiello

No abstract provided.

Recuperação Judicial E Trava Bancária, Bruno Meyerhof Salama

Bruno Meyerhof Salama

Series Llcs: What Happens When One Series Fails? Key Considerations And Issues, Michelle M. Harner, Jennifer Ivey-Crickenberger, Tae Kim

Michelle M. Harner

Entity choice law is constantly evolving and innovating. The series LLC form is one such example. Although the form provides governance and operational flexibility and efficiencies, the law governing the form is still developing. As such, uncertainties linger, particularly in the context of a financially distressed or insolvent series. This article explores many of the issues that arise when a master LLC or one of its series experiences financial distress and contemplates a bankruptcy filing. It also identifies strategies for parties to potentially mitigate certain of these issues in the planning stage. The article concludes by suggesting parties using the …

Panelist, International Commercial Transactions: Sales Of Goods And Cross-Border Financing, Ingrid Hillinger

Ingrid Michelsen Hillinger

Professor Hillinger discussed the issues and risks posed by cross-border lending as a panelist at the International Commercial Transactions: Sales of Goods and Cross-Border Financing Conference.

The Debtor Class, Kara J. Bruce

Kara J. Bruce

In recent years, individuals seeking bankruptcy protection have encountered an unexpected harm: their lenders have misrepresented the amounts they owe, lost or misapplied their loan payments, and violated clear requirements of bankruptcy law and procedure. Recent investigations of consumer bankruptcy cases reveal widespread abuse of the bankruptcy code, ranging from the filing of unsupported or overinflated proofs of claim to violations of the automatic stay and discharge injunction. Such practices undermine consumer bankruptcy’s central goals to provide consumer debtors a fresh financial start and to achieve the fair treatment of and distribution of assets to creditors. Because many debtors affected …

Debarring Faithless Corporate And Religious Fiduciaries In Bankruptcy, Lyman P.Q. Johnson

Lyman P. Q. Johnson

Fiduciary duties for the top governance officials of both business and religious organizations demand faithfulness to the institution’s mission, a seemingly strict demand. Meaningful sanctions for breach, however, are difficult to obtain and may not deter future misconduct, including that kind of conduct leading to organizational bankruptcy. This article advocates that, to attain both special and general deterrence, bankruptcy law should look to other regulatory regimes and permit a bankruptcy court to debar faithless secular and ecclesiastical fiduciaries from holding certain leadership positions. Although written shortly before the 2012 Supreme Court Hosanna-Tabor decision, that opinion – addressing the “ministerial exception” …

Relative Responsibility In Afdc: Problems Raised By The Noleo Approach—“If At First You Don't Succeed . . .”, Margaret Howard

Margaret Howard

No abstract provided.

Bankruptcy Federalism: A Doctrine Askew , Margaret Howard

Margaret Howard

No abstract provided.

Equipment Lessors And Secured Parties In Bankruptcy: An Argument For Coherence, Margaret Howard

Margaret Howard

No abstract provided.

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 …

The Law Of Unintended Consequences, Margaret Howard

Margaret Howard

No abstract provided.

Bankruptcy Federalism: A Doctrine Askew, Margaret Howard

Margaret Howard

No abstract provided.

Critical Vendors: Line Breakers Par Excellence, Samuel W. Calhoun

Samuel W. Calhoun

No abstract provided.

American College Of Bankruptcy Circuit Review Of Consumer Cases, Margaret Howard

Margaret Howard

No abstract provided.

American College Of Bankruptcy Circuit Review, Margaret Howard

Margaret Howard

No abstract provided.