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Articles 1 - 5 of 5
Full-Text Articles in Law
The Hidden Life Of Consumer Bankruptcy Reform, Jason J. Kilborn
The Hidden Life Of Consumer Bankruptcy Reform, Jason J. Kilborn
Vanderbilt Journal of Transnational Law
This Article offers a unique perspective on the heavily revised U.S. consumer bankruptcy law, which went effect on October 17, 2005, in light of a surprising discovery: It turns out that the U.S. consumer bankruptcy system as "reformed" resembles in many critical respects the consumer bankruptcy system in place for the past six years in the Netherlands. As a result of this serendipitous U.S.-Dutch convergence, years of experience under the Dutch consumer debt relief system can provide a rare glimpse into the future of the new U.S. system. The Dutch law in practice has diverged in significant ways from legislative …
Honing A Blunt Instrument: Refining The Use Of Judicial Estoppel In Bankruptcy Nondisclosure Cases, Robert F. Dugas
Honing A Blunt Instrument: Refining The Use Of Judicial Estoppel In Bankruptcy Nondisclosure Cases, Robert F. Dugas
Vanderbilt Law Review
For individuals and organizations facing financial distress, modern bankruptcy law provides a statutory respite from creditors and mounting debt. When a debtor's liabilities irretrievably exceed its available assets, the law provides a forum for interested parties to efficiently assess and equitably divide or restructure a maximized pie of debtor value. What happens, however, when an individual or corporate debtor, either through fraud or mistake, "hides" a piece of the pie?
Tilling The Cram Down Landscape: Using Securitization Data To Expose The Fundamental Fallacies Of "Till", Matthew H. O'Brien
Tilling The Cram Down Landscape: Using Securitization Data To Expose The Fundamental Fallacies Of "Till", Matthew H. O'Brien
Vanderbilt Law Review
It is almost universally recognized that the Bankruptcy Code's protection for consumers is justifiable under the theory that an ''entrepreneurial economy prospers when honest but unfortunate debtors are given a fresh opportunity to swim back into the productive mainstream rather than being forced down to drown." The amount of protection the Bankruptcy Code (hereinafter, the "Code") should afford consumers, on the other hand, is a source of much disagreement. Long-standing debate over this issue was, in fact, the basis for the controversy surrounding the Bankruptcy Abuse Prevention and Consumer Protection Act ("the Act") that the President signed into law in …
Special Topic Bankruptcy, Robert K. Rassmusen
Special Topic Bankruptcy, Robert K. Rassmusen
Vanderbilt Law Review
This issue of the VANDERBILT LAW REVIEW contains two outstanding student pieces on bankruptcy law. Few would be surprised by this observation. As to the quality of the works, they fall in with a long tradition of outstanding student scholarship published by the REVIEW. The choice of topic-bankruptcy law-also does not raise eyebrows. After all, Congress has recently enacted the most sweeping changes to the Bankruptcy Code since its original enactment in 1978. This legislation was the culmination of a more than decade long effort to revise our nation's bankruptcy law. Any major reform effort of this scope surely generates …
Inside The Bankruptcy Judge's Mind, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich
Inside The Bankruptcy Judge's Mind, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich
Vanderbilt Law School Faculty Publications
Specialization is common in medicine. Doctors become oncologists, radiologists, urologists, or even hernia repair specialists. Specialization is also common among practicing lawyers, who become estate planners or products liability lawyers or securities litigators. Judges, however, have historically been generalists who preside over any and all cases. This requires that judges become acquainted with the rules of civil procedure, the rules of criminal procedure, the evidentiary rules applicable to both civil and criminal cases, and the substantive law in almost every area. From the simplest slip-and-fall to the most complicated antitrust case, and nearly every civil and criminal action in between, …