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Full-Text Articles in Law
Fao Schwartz In Chapter 22: Too Big For Its Britches, Andrea Kuban, Chris Reiley, Mary Walker
Fao Schwartz In Chapter 22: Too Big For Its Britches, Andrea Kuban, Chris Reiley, Mary Walker
Chapter 11 Bankruptcy Case Studies
No abstract provided.
The Story Of Ymps (“Yield Maintenance Premiums”) In Bankruptcy, Michael G. Hillinger, Ingrid Michelsen Hillinger
The Story Of Ymps (“Yield Maintenance Premiums”) In Bankruptcy, Michael G. Hillinger, Ingrid Michelsen Hillinger
Faculty Publications
This article tries to tell the story of YMPs in bankruptcy. It is not an easy story to tell. It has so many subplots: the court’s position on freedom of contract, the debtor’s solvency or insolvency, the effect of recognizing the YMP on other creditors, whether the YMP claim arose pre- or post-petition, the proper relationship between section 502 claim allowance and section 506(b) which permits oversecured claims to include reasonable fees, costs, or charges as provided for in the loan agreement, and the effect of YMP enforcement on chapter 11 plan configuration.
In terms of basic plot line though, …
Mississippi Chemical, Stacie Odencal, Jeremy Deese
Mississippi Chemical, Stacie Odencal, Jeremy Deese
Chapter 11 Bankruptcy Case Studies
No abstract provided.
Tyson, Neal Cope, Doug Elkins
Tyson, Neal Cope, Doug Elkins
Chapter 11 Bankruptcy Case Studies
No abstract provided.
Serial Entrepreneurs And Small Business Bankruptcies, Douglas G. Baird, Edward R. Morrison
Serial Entrepreneurs And Small Business Bankruptcies, Douglas G. Baird, Edward R. Morrison
Faculty Scholarship
Chapter 11 is thought to preserve the going-concern surplus of a financially distressed business – the extra value that its assets possess in their current configuration. Financial distress leads to conflicts among creditors that can lead to inefficient liquidation of a business with going-concern surplus. Chapter 11 avoids this by providing the business with a way of fashioning a new capital structure. This account of Chapter 11 fails to capture what is happening in the typical case. The typical Chapter 11 debtor is a small corporation whose assets are not specialized and rarely worth enough to pay tax claims. There …
Adversary Proceedings In Bankruptcy: A Sideshow, Douglas G. Baird, Edward R. Morrison
Adversary Proceedings In Bankruptcy: A Sideshow, Douglas G. Baird, Edward R. Morrison
Faculty Scholarship
Across a broad range of cases, the civil trial is disappearing. In the early 1960s, about twelve percent of federal civil cases were resolved by trial; by 2002 that percentage had fallen to less than two percent. This sharp decline raises important questions about the quality y and costs of decisionmaking in federal district courts. After all, these courts exist to resolve cases and controversies. It matters whether (and why) these disputes are resolved in or outside the courtroom.
Marc Galanter and Elizabeth Warren suggest that the same thing is happening in the bankruptcy courts and that there is likewise …
H.W. Johns - Manville, Steven P. Ingram, James K. Lam
H.W. Johns - Manville, Steven P. Ingram, James K. Lam
Chapter 11 Bankruptcy Case Studies
No abstract provided.