Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 10 of 10

Full-Text Articles in Law

Behavioral Economics, The Economic Analysis Of Bankruptcy Law And The Pricing Of Credit, Robert K. Rasmussen Nov 1998

Behavioral Economics, The Economic Analysis Of Bankruptcy Law And The Pricing Of Credit, Robert K. Rasmussen

Vanderbilt Law Review

Bankruptcy has been a fertile ground for the economic analysis of law. A significant portion of bankruptcy scholarship during the past fifteen years applies the basic assumptions of standard economic theory to the problems caused by financial distress. This scholarship begins with the premise that people make choices in a rational manner in order to maximize their individual utility. It applies this axiom to questions ranging from when do individuals file for bankruptcy to how bankruptcy laws affect firms' investment decisions. As it has in most other areas of law (especially private law), law and economics has both reshaped our …


The Bankruptcy Crisis, Elizabeth Warren Oct 1998

The Bankruptcy Crisis, Elizabeth Warren

Indiana Law Journal

No abstract provided.


Re-Reading Reading: "Fairness To All Persons" In The Context Of Administrative Expense Priority For Postpetition Punitive Fines In Bankruptcy, Stephen D. Hurd Oct 1998

Re-Reading Reading: "Fairness To All Persons" In The Context Of Administrative Expense Priority For Postpetition Punitive Fines In Bankruptcy, Stephen D. Hurd

Vanderbilt Law Review

Who gets the money when there isn't enough to go around? This is the practical question that the bankruptcy system seeks to answer every day.' In answering this question, the Bankruptcy Code draws a particularly bright line at the filing of a bankruptcy petition. The filing of a petition creates the bankruptcy estate, which is a distinct legal entity from the debtor. Creditors with claims against the debtor arising before filing ("prepetition) receive payment of their claim, if at all, through bankruptcy's collective distribution scheme. In contrast, persons whose claims arose after filing ("postpetition"), but before completion of the bankruptcy …


Bankruptcy, W. Homer Drake Jr., Michael M. Duclos Jul 1998

Bankruptcy, W. Homer Drake Jr., Michael M. Duclos

Mercer Law Review

Unlike past years when the United States Court of Appeals for the Eleventh Circuit issued a tremendous number of bankruptcy decisions each term, 1997 turned out to be a very quiet year because the Eleventh Circuit issued only eight opinions addressing matters arising under the Bankruptcy Code. This Article is a survey of those 1997 bankruptcy decisions.


In Re Young: A Correct But Unnecessary Constitutional Decision, David Lynn Mortensen May 1998

In Re Young: A Correct But Unnecessary Constitutional Decision, David Lynn Mortensen

BYU Law Review

No abstract provided.


How Should Property Be Valued In A Cram Down?, Mark E. Beatty May 1998

How Should Property Be Valued In A Cram Down?, Mark E. Beatty

Mercer Law Review

One of the most intriguing topics in bankruptcy law is the valuation of property in cram down cases, specifically Chapter 13 cases. This article will first present and discuss the different methods of valuation employed by the circuit courts before Associates Commercial Corp. v. Rash (Rash III) was decided by the Supreme Court and the reasoning behind these methods. The next section will discuss the opinion in Rash and the chosen method of valuation in Chapter 13 cram down cases. The third section will discuss the implications of the decision in Rash. The Article will conclude with …


The Rotten Foundations Of Securitization, David Gray Carlson Apr 1998

The Rotten Foundations Of Securitization, David Gray Carlson

William & Mary Law Review

No abstract provided.


In This Corner, We Have The Bankruptcy Code's Discharge Provisions And In This Corner, Cercla, A Strict Liability Statue: In Re Reading Company, Jennifer A. Pasquarella Jan 1998

In This Corner, We Have The Bankruptcy Code's Discharge Provisions And In This Corner, Cercla, A Strict Liability Statue: In Re Reading Company, Jennifer A. Pasquarella

Villanova Environmental Law Journal

No abstract provided.


In Re Reading Co.: Cutting Off Environmental Claims That Never Existed During Bankruptcy, David W. Marston Jr. Jan 1998

In Re Reading Co.: Cutting Off Environmental Claims That Never Existed During Bankruptcy, David W. Marston Jr.

Villanova Law Review

No abstract provided.


Bankruptcy In The Czech Republic, Hungary, And Poland And Section 304 Of The United States Bankruptcy Code, Proceedings Ancillary To Foreign Bankruptcy Proceedings, Helmut Gerlach Jan 1998

Bankruptcy In The Czech Republic, Hungary, And Poland And Section 304 Of The United States Bankruptcy Code, Proceedings Ancillary To Foreign Bankruptcy Proceedings, Helmut Gerlach

Maryland Journal of International Law

No abstract provided.