Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- St. John's University School of Law (30)
- University of Pennsylvania Carey Law School (6)
- University of Michigan Law School (5)
- Brooklyn Law School (3)
- Duke Law (3)
-
- UIC School of Law (3)
- Wayne State University (3)
- Columbia Law School (2)
- Maurer School of Law: Indiana University (2)
- New York Law School (2)
- Santa Clara Law (2)
- University of Florida Levin College of Law (2)
- University of Miami Law School (2)
- University of Missouri-Kansas City School of Law (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- Washington and Lee University School of Law (2)
- Barry University School of Law (1)
- Florida International University College of Law (1)
- Osgoode Hall Law School of York University (1)
- Seattle University School of Law (1)
- University of Kentucky (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Missouri School of Law (1)
- University of Tennessee College of Law (1)
- Yeshiva University, Cardozo School of Law (1)
- Keyword
-
- Bankruptcy (44)
- Chapter 11 (7)
- Debtor (5)
- Bankruptcy Code (4)
- Absolute priority rule (3)
-
- Insolvency (3)
- Public finance (3)
- Reorganization (3)
- Automatic stay (2)
- BAPCPA (2)
- Bankruptcy Abuse Prevention and Consumer Protection Act (2)
- Bankruptcy Law (2)
- Chapter 13 (2)
- Chapter 7 (2)
- Chapter 9 (2)
- Compensation (2)
- Debtor and creditor (2)
- Debtor-in-possession (2)
- Detroit (2)
- Discharge (2)
- Dodd-Frank Act (2)
- Exception (2)
- Foreclosure (2)
- Fraudulent Transfers (2)
- Gifting (2)
- Governmental unit (2)
- Leverage (2)
- Liquidation (2)
- Mortgage (2)
- Orderly Liquidation Authority (2)
- Publication
-
- Bankruptcy Research Library (29)
- Faculty Scholarship (10)
- All Faculty Scholarship (6)
- Articles (4)
- Faculty Publications (3)
-
- Law Faculty Research Publications (3)
- UIC Law Open Access Faculty Scholarship (3)
- Articles by Maurer Faculty (2)
- Faculty Works (2)
- Historical and Topical Legal Documents (2)
- Law & Economics Working Papers (2)
- Nevada Supreme Court Summaries (2)
- Scholarly Articles (2)
- UF Law Faculty Publications (2)
- Articles & Book Chapters (1)
- Articles & Chapters (1)
- Book Chapters (1)
- Chapter 11 Bankruptcy Case Studies (1)
- Faculty Articles (1)
- Law Faculty Popular Media (1)
- Other Publications (1)
- Reviews (1)
Articles 61 - 80 of 80
Full-Text Articles in Law
The (Il)Legitimacy Of Bankruptcies For The Benefit Of Secured Creditors, Charles W. Mooney Jr.
The (Il)Legitimacy Of Bankruptcies For The Benefit Of Secured Creditors, Charles W. Mooney Jr.
All Faculty Scholarship
This paper explores the legitimacy—or illegitimacy—of filing and maintaining a case under the Bankruptcy Code when the sole or principal beneficiary or beneficiaries of the case would be a secured creditor or secured creditors. In the situation posited here, the application of the usual distributional priority rules would not produce any distribution for the general, unsecured creditors of the debtor. In the prototypical case virtually all of the assets of the debtor would be subject to secured claims securing obligations that exceed the value of the collateral, i.e., the secured creditor would be undersecured and there would be no equity …
Bankruptcy Survival, Lynn M. Lopucki, Joseph W. Doherty
Bankruptcy Survival, Lynn M. Lopucki, Joseph W. Doherty
UF Law Faculty Publications
Of the large, public companies that seek to remain in business through bankruptcy reorganization, only 70% succeed. The assets of the other 30% are absorbed into other businesses. Success is important both because it is efficient and it preserves jobs, communities, supplier and customer relationships, and tax revenues. This Article reports the findings of the first comprehensive study of the division into successful and failed reorganizations. Eleven conditions best predict companies’ survival prospects. First, a company that even hints in the press release announcing its bankruptcy that it intends to sell its business is highly likely to fail. Second, reorganizations …
The Failed Reform: Congressional Crackdown On Repeat Chapter 13 Bankruptcy Filers, Sara Sternberg Greene
The Failed Reform: Congressional Crackdown On Repeat Chapter 13 Bankruptcy Filers, Sara Sternberg Greene
Faculty Scholarship
After decades of lobbying to “get tough” on bankruptcy repeat filers, Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). The Bankruptcy Code now requires that the automatic stay, which prevents creditors from pursuing the property of bankruptcy debtors, expires after thirty days for petitioners who file for bankruptcy within one year of a previously failed petition. Debtors can file a motion to extend the stay, but there is a presumption of a bad faith filing, only overcome if a debtor can show there has been a “substantial change in his or her financial or personal …
Derivatives And Collateral: Balancing Remedies And Systemic Risk, Steven L. Schwarcz
Derivatives And Collateral: Balancing Remedies And Systemic Risk, Steven L. Schwarcz
Faculty Scholarship
U.S. bankruptcy law grants special rights and immunities to creditors in derivatives transactions, including virtually unlimited enforcement rights. This Article examines whether exempting those transactions from bankruptcy’s automatic stay, including the stay of foreclosure actions against collateral, is necessary or appropriate in order to minimize systemic risk.
A Model-Law Approach To Restructuring Unsustainable Sovereign Debt, Steven L. Schwarcz
A Model-Law Approach To Restructuring Unsustainable Sovereign Debt, Steven L. Schwarcz
Faculty Scholarship
Unresolved sovereign debt problems are hurting debtor nations, their citizens and their creditors, and also can pose serious systemic threats to the international financial system. The existing contractual restructuring approach is insufficient to make sovereign debt sustainable. Although a more systematic legal resolution framework is needed, a formal multilateral approach, such as a treaty, is not currently politically viable. An informal model-law approach should be legally, politically and economically feasible. This informal approach would not require multilateral acceptance. Because most sovereign debt contracts are governed by either New York or English law, it would be sufficient if one or both …
Bankruptcy Protection Of Retirement Plan Beneficiaries After Clark V. Rameker, Karen K. Suhre, Courtney M. Vormund, Christopher R. Hoyt
Bankruptcy Protection Of Retirement Plan Beneficiaries After Clark V. Rameker, Karen K. Suhre, Courtney M. Vormund, Christopher R. Hoyt
Faculty Works
No abstract provided.
The Value Of Soft Variables In Corporate Reorganizations, Michelle M. Harner
The Value Of Soft Variables In Corporate Reorganizations, Michelle M. Harner
Faculty Scholarship
When a company is worth more as a going concern than on a liquidation basis, what creates that additional value? Is it the people, management decisions, the simple synergies of the operating business, or some combination of these types of soft variables? And perhaps more importantly, who owns or has an interest in these soft variables? This article explores these questions under existing legal doctrine and practice norms. Specifically, it discusses the characterization of soft variables under applicable law and in financing documents, and it surveys related judicial decisions. It also considers the overarching public policy and Constitutional implications of …
From Chrysler And General Motors To Detroit, David A. Skeel Jr.
From Chrysler And General Motors To Detroit, David A. Skeel Jr.
All Faculty Scholarship
In the past five years, three of the most remarkable bankruptcy cases in American history have come out of Detroit: the bankruptcies of Chrysler and General Motors in 2009, and of Detroit itself in 2012. The principal objective of this Article is simply to show that the Grand Bargain at the heart of the Detroit bankruptcy is the direct offspring of the bankruptcy sale transactions that were used to restructure Chrysler and GM. The proponents of Detroit’s “Grand Bargain” never would have dreamed up the transaction were it not for the federal government-engineered carmaker bankruptcies. The Article’s second objective, based …
What Is A Lien? Lessons From Municipal Bankruptcy, David A. Skeel Jr.
What Is A Lien? Lessons From Municipal Bankruptcy, David A. Skeel Jr.
All Faculty Scholarship
From the outset of Detroit’s bankruptcy, an unlikely set of issues kept coming up: What exactly is a lien? Who has a property interest or its equivalent in bankruptcy? Did general obligation bondholders have special status, due to Detroit’s promise to use its “full faith and credit” for repayment? What about Detroit’s pension beneficiaries, who could point to a provision in the Michigan Constitution stating that accrued pension benefits cannot be diminished or impaired. In this Article, I explore these and related issues that have arisen in Detroit and other recent municipal bankruptcy cases.
Part I of the Article briefly …
Rediscovering Corporate Governance In Bankruptcy, David A. Skeel Jr.
Rediscovering Corporate Governance In Bankruptcy, David A. Skeel Jr.
All Faculty Scholarship
In this Essay on Lynn LoPucki and Bill Whitford’s corporate reorganization project, written for a symposium honoring Bill Whitford, I begin by very briefly describing its historical antecedents. The project draws on the insights and perspectives of two closely intertwined traditions: the legal realism of 1930s, whose exemplars included William Douglas and other participants in the SEC study; and the law in action movement at the University of Wisconsin. In Section II, I briefly survey the key contributions of the corporate governance project, which punctured the then-conventional wisdom about the treatment of shareholders in bankruptcy, managers’ principal allegiance, and many …
Implementing Symmetric Treatment Of Financial Contracts In Bankruptcy And Bank Resolution, E. J. Janger, John A.E. Pottow
Implementing Symmetric Treatment Of Financial Contracts In Bankruptcy And Bank Resolution, E. J. Janger, John A.E. Pottow
Articles
Financial contracts come in many forms and serve many functions in both the financial system and the broader economy. Repos secured by U.S. Treasury securities act as money substitutes and can play an important role as part of the money supply, while similarly structured repos, secured by more volatile collateral, may be used as speculative devices or hedges. Swaps can be used to insure against various types of market risk, from interest rates to oil prices, or they can operate as vehicles for highly leveraged investments. The parties to these instruments are sometimes major financial institutions and, other times, ordinary …
Changes In Chapter 11 Success Levels Since 1980, Lynn M. Lopucki
Changes In Chapter 11 Success Levels Since 1980, Lynn M. Lopucki
UF Law Faculty Publications
This Article revisits the nine measures of success that Bill Whitford and I reported on in Patterns in the Bankruptcy Reorganization of Large, Publicly Held Companies, with twenty-six additional years of experience and data on 964 additional cases. My principal objective has been to determine whether Chapter 11 has become more or less successful by those measures. I conclude that Chapter 11 has become less successful by three of the seven LoPucki-Whitford criteria for which data are available. The courts confirm plans in a significantly smaller proportion of cases, a significantly smaller proportion of companies survive, and a significantly smaller …
A Traditionalist's Take On Bankruptcy Intersections, Stephanie Ben-Ishai
A Traditionalist's Take On Bankruptcy Intersections, Stephanie Ben-Ishai
Articles & Book Chapters
No abstract provided.
The Logic And Limits Of Liens, Edward Janger
The Logic And Limits Of Liens, Edward Janger
Faculty Scholarship
No abstract provided.
The Logic And Limits Of Liens, Edward J. Janger
The Logic And Limits Of Liens, Edward J. Janger
Faculty Scholarship
No abstract provided.
Secured Credit In Religious Institutions' Reorganizations, Pamela Foohey
Secured Credit In Religious Institutions' Reorganizations, Pamela Foohey
Articles by Maurer Faculty
Scholars increasingly assume that most businesses enter Chapter 11 with a high percentage of secured debt, which leads to a high percentage of cases ending in the sale of the debtor’s assets under section 363 of the Bankruptcy Code rather than with confirmation of a reorganization plan. However, evidence and discussions about “the end of bankruptcy” center on secured creditors’ role in the reorganizations of very large corporations. The few analyses of cross-sections of Chapter 11 proceedings suggest that secured creditor control is not nearly as omnipresent as asserted and that 363 sales are not as dominant as assumed.
This …
Labor Activism In Bankruptcy, Andrew B. Dawson
Labor Activism In Bankruptcy, Andrew B. Dawson
Articles
This article analyzes the role of labor unions in corporate reorganizations and argues that labor union participation can improve corporate governance in the bankruptcy context. Generally, when a unionized corporation seeks to reorganize in bankruptcy, it does so with an eye towards obtaining concessions from its labor unions. The Bankruptcy Code permits corporate debtors to reject their collective bargaining agreements and to impose reduced wages and benefits, thus placing labor unions in a position of bargaining over concessions in bankruptcy. Such concession bargaining is vitally important to the labor union and to the debtor's reorganization efforts; however, the focus on …
Leverage, Default, And Mortality: Evidence From Cancer Diagnoses, Arpit Gupta, Edward R. Morrison, Catherine Fedorenko, Scott Ramsey
Leverage, Default, And Mortality: Evidence From Cancer Diagnoses, Arpit Gupta, Edward R. Morrison, Catherine Fedorenko, Scott Ramsey
Faculty Scholarship
This paper tests whether housing wealth mitigates the effects of health shocks on financial stress and mortality. We link cancer records to mortgage, bankruptcy, foreclosure, and credit report data. We find that cancer diagnoses are financially destabilizing even for households with health insurance, but the effect is driven by households without home equity. Households with equity extract it (by refinancing a mortgage or taking out a second). They are also more likely to accept recommended therapies and have higher post-diagnosis survival rates. Our findings show that housing wealth plays an important role in understanding how individuals buffer idiosyncratic shocks.
What Are The Article Iii Limits To Bankruptcy Court Jurisdiction, And Can Parties Consent To Expanded Jurisdiction: Wellness International Network V. Sharif (13-935), Marshall E. Tracht
What Are The Article Iii Limits To Bankruptcy Court Jurisdiction, And Can Parties Consent To Expanded Jurisdiction: Wellness International Network V. Sharif (13-935), Marshall E. Tracht
Articles & Chapters
No abstract provided.
Producing Better Mileage: Advancing The Design And Usefulness Of Hybrid Vehicles For Social Business Ventures, John E. Tyler, Evan Absher, Kathleen Garman, Anthony J. Luppino
Producing Better Mileage: Advancing The Design And Usefulness Of Hybrid Vehicles For Social Business Ventures, John E. Tyler, Evan Absher, Kathleen Garman, Anthony J. Luppino
Faculty Works
Since 2008 approximately half of the states in the U.S. have enacted statutes permitting “hybrid” business forms that blend aspects of traditional for-profit ventures with characteristics normally associated with traditional non-profit entities. This article analyzes theoretical, academic, practical, legal, and regulatory questions regarding the extent to which the existing hybrids are suited to achieving social purposes objectives, including in comparison to modified traditional forms of business organization. Finding the current fleet of hybrids an innovative, useful start, but with need to evolve, this article proposes statutory language (set forth in a detailed appendix, and summarized in the article text), and …