Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Bankruptcy Law (13)
- Social and Behavioral Sciences (3)
- Consumer Protection Law (2)
- Law and Society (2)
- Legal Education (2)
-
- Banking and Finance Law (1)
- Business (1)
- Business Law, Public Responsibility, and Ethics (1)
- Comparative and Foreign Law (1)
- Corporate Finance (1)
- Dispute Resolution and Arbitration (1)
- Elder Law (1)
- European Law (1)
- Family, Life Course, and Society (1)
- Gerontology (1)
- Judges (1)
- Jurisdiction (1)
- Law and Economics (1)
- Legal Ethics and Professional Responsibility (1)
- Legal Studies (1)
- Litigation (1)
- Public Affairs, Public Policy and Public Administration (1)
- Public Policy (1)
- Religion Law (1)
- Retirement Security Law (1)
- Securities Law (1)
- Social Welfare (1)
- Sociology (1)
- State and Local Government Law (1)
Articles 1 - 16 of 16
Full-Text Articles in Law
The Ticket To Easy Street? The Financial Consequences Of Winning The Lottery, Paige Marta Skiba, Scott Hankins, Mark Hoekstra
The Ticket To Easy Street? The Financial Consequences Of Winning The Lottery, Paige Marta Skiba, Scott Hankins, Mark Hoekstra
Vanderbilt Law School Faculty Publications
This paper examines whether giving large cash transfers to financially distressed people causes them to avoid bankruptcy. A comparison of Florida Lottery winners who randomly received $50,000 to $150,000 to small winners indicates that such transfers only postpone bankruptcy rather than prevent it, a result inconsistent with the negative shock model of bankruptcy. Furthermore, the large winners who subsequently filed for bankruptcy had similar net assets and unsecured debt as small winners. Thus, our findings suggest that skepticism regarding the long-term impact of cash transfers may be warranted.
The Ticket To Easy Street? The Financial Consequences Of Winning The Lottery, Scott Hankins, Mark Hoekstra
The Ticket To Easy Street? The Financial Consequences Of Winning The Lottery, Scott Hankins, Mark Hoekstra
Vanderbilt Law School Faculty Publications
This paper examines whether giving large cash transfers to financially distressed people causes them to avoid bankruptcy. A comparison of Florida Lottery winners who randomly received $50,000 to $150,000 to small winners indicates that such transfers only postpone bankruptcy rather than prevent it, a result inconsistent with the negative shock model of bankruptcy. Furthermore, the large winners who subsequently filed for bankruptcy had similar net assets and unsecured debt as small winners. Thus, our findings suggest that skepticism regarding the long-term impact of cash transfers may be warranted.
Protecting Your Retirement Savings From Potential Creditors, Pension Action Center, Gerontology Institute, University Of Massachusetts Boston
Protecting Your Retirement Savings From Potential Creditors, Pension Action Center, Gerontology Institute, University Of Massachusetts Boston
Pension Action Center Publications
State and federal laws provide strong protections to New England residents to shield their retirement savings from creditors. The particular protections available depend on whether you have filed for bankruptcy, how your retirement savings are kept, and where you live.
Trademark Licenses: Even In A Hypothetical Or Actual World, Footstar Got It Right, Saul Ehrenpreis
Trademark Licenses: Even In A Hypothetical Or Actual World, Footstar Got It Right, Saul Ehrenpreis
Student Articles and Papers
The core of many companies' business model depends heavily on access to a trademark license. Unfortunately, despite possessing a license and turning a profit, some of these companies run into difficulties and are forced to file for chapter 11. This article analyzes the legal issues faced by a company in this situation. First, it explores the existing tension at the intersection of bankruptcy and trademark law, then discusses the three approaches courts have taken to resolving this tension. It concludes with the proposal that only one of these approaches appropriately balances the competing interests at stake.
Making Sense Of The New Financial Deal, David A. Skeel Jr.
Making Sense Of The New Financial Deal, David A. Skeel Jr.
All Faculty Scholarship
In this Essay, I assess the enactment and implications of the Dodd-Frank Act, Congress’s response to the 2008 financial crisis. To set the stage, I begin by very briefly reviewing the causes of the crisis. I then argue that the legislation has two very clear objectives. The first is to limit the risk of the shadow banking system by more carefully regulating the key instruments and institutions of contemporary finance. The second objective is to limit the damage in the event one of these giant institutions fails. While the new regulation of the instruments of contemporary finance—including clearing and exchange …
Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie?, Nancy A. Welsh
Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie?, Nancy A. Welsh
Faculty Scholarship
Today, there can be little doubt that “alternative” dispute resolution is anything but alternative. Nonetheless, many judges, lawyers (and law students) do not truly understand the dispute resolution processes that are available and how they should be used. In the shadow of the current economic crisis, this lack of knowledge is likely to have negative consequences, particularly in those areas of practice such as bankruptcy and foreclosure in which clients, lawyers, regulators, and courts work under pressure, often with inadequate time and financial resources to permit careful analysis of procedural options. Potential negative effects can include: (1) impairment of a …
The Story Of Kmart's Reorganization, John Fisher, Justin Wolbert
The Story Of Kmart's Reorganization, John Fisher, Justin Wolbert
Chapter 11 Bankruptcy Case Studies
No abstract provided.
The Chapter 13 Alternative: A Legislative Solution To Undersecured Home Mortgages, Samuel Bufford
The Chapter 13 Alternative: A Legislative Solution To Undersecured Home Mortgages, Samuel Bufford
Journal Articles
This article discusses minor changes to the U.S. Bankruptcy Code that would make avoiding foreclosure possible for a homeowner who (a) is presently not able to make the mortgage service payments but (b) could make payments for a mortgage that is reduced to the market value of the property and to a fixed market mortgage rate. This article does not address the political issue of what protections Congress might decide to provide mortgage owners and servicers as a part of such legislation.
David Trager: Jurist, Jeffrey B. Morris
Drug Fair Group, Inc., Robby Lockett, Scott Lochridge, Jessica Manning
Drug Fair Group, Inc., Robby Lockett, Scott Lochridge, Jessica Manning
Chapter 11 Bankruptcy Case Studies
No abstract provided.
The Consumer Indebtedness Crisis: Law School Clinics As Laboratories For Generating Effective Legal Responses, Peggy Maisel
The Consumer Indebtedness Crisis: Law School Clinics As Laboratories For Generating Effective Legal Responses, Peggy Maisel
Faculty Scholarship
For the legal system to operate effectively, it must address problems arising from the absence of needed laws, or, if enacted, of laws that have been drafted poorly or are not being implemented in a fair and just manner. Since law schools are generally part of a larger university community, they are uniquely placed to serve as laboratories to find solutions to such problems, perhaps nowhere more so than in their legal clinics. The latter have in fact often played the role of legal innovators, but their contributions to the law and therefore to society at large have been little …
A Minimalist Approach To State ‘Bankruptcy’, Steven L. Schwarcz
A Minimalist Approach To State ‘Bankruptcy’, Steven L. Schwarcz
Faculty Scholarship
Increasingly finding themselves in financial straitjackets, states have been turning to austerity measures, tax increases, privatization of services, and renegotiation of collective bargaining agreements. Absent a federal government bailout, however, states will also need debt relief if their debt burden becomes so crushing that reasonable efforts at fiscal reform will fail to avoid default. Some advocate providing this relief by, effectively, extending municipal bankruptcy law to states. That approach brings in excess baggage, however, engendering political opposition and constitutional concerns. There is a simpler solution: Enable states to work out their debt problems with their creditors. Although the main obstacle …
Reconceptualizing Present-Value Analysis In Consumer Bankruptcy, Rafael I. Pardo
Reconceptualizing Present-Value Analysis In Consumer Bankruptcy, Rafael I. Pardo
Scholarship@WashULaw
During the three decades following the enactment of the Bankruptcy Code, courts and commentators have been vexed by the problem of determining the present value of future payments to creditors proposed in a debtor’s repayment plan. The central issue to this problem has been the discount rate to be applied when conducting present-value analysis. While the Code unmistakably requires the discounting of future payments as part of the process for confirming a repayment plan, the Code does not explicitly specify the rate itself or the manner in which the rate should be calculated. No uniform rule of decision has emerged …
The Rise In Elder Bankruptcy Filings And The Failure Of U.S. Bankruptcy Law, John A. E. Pottow
The Rise In Elder Bankruptcy Filings And The Failure Of U.S. Bankruptcy Law, John A. E. Pottow
Articles
Recent empirical legal scholarship on the consumer bankruptcy system has uncovered a marked rise in the proportion of elder Americans filing for relief under the Bankruptcy Code. But these studies have not probed the reasons behind that rise, an omission this Article seeks to address. Professor John Pottow and colleagues recently assembled the new dataset of the Consumer Bankruptcy Project (CBP), the largest national sample of consumer debtors in this country, which he uses to explore the sources of elder bankruptcy. The findings are both striking and ominous. While multiple factors, such as health problems and medical debts, contribute to …
A New Role For Secondary Proceedings In International Bankruptcies, John A. E. Pottow
A New Role For Secondary Proceedings In International Bankruptcies, John A. E. Pottow
Articles
Secondary proceedings-the ugly stepsisters to main proceedings-get short shrift in international bankruptcy scholarship. This article seeks to remedy that deficiency. First, it describes what it argues are the traditional conceptions-both stated and implicit-of secondary proceedings in international bankruptcies. Second, it offers a revised way of thinking about secondary proceedings, proposing to restrict their scope through the use of "synthetic" hearings. Third, it addresses some problems with the proposed new role of secondary proceedings and sketches a possible solution involving the creation of an international priorities registry.
Financial Literacy Or Financial Castigation?, John A. E. Pottow
Financial Literacy Or Financial Castigation?, John A. E. Pottow
Articles
This year, the Canadians- through their government-convened Task Force on Financial Literacy - have proudly produced, "Canadians and their Money: Building a Brighter Financial Future." Armed with 30 recommendations, its most dramatic innovation is to recommend the creation of a Financial Literacy Leader. I have been asked to provide an American perspective on this report specifically and the broader agenda of "financial literacy" more generally as a consumer welfare intervention. Let me start by acknowledging the critiques of the Canadian Task Force. For example, my Canadian colleague, Saul Schwartz, has already drafted a compelling analysis of the political economy behind …