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Articles 31 - 48 of 48
Full-Text Articles in Law
The Transformation Of The Israeli Bankruptcy System As A Reflection Of Societal Changes, Rafael Efrat
The Transformation Of The Israeli Bankruptcy System As A Reflection Of Societal Changes, Rafael Efrat
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Creditor In Possession Under The Bankruptcy Code: History, Text, And Policy, Thomas E. Plank
The Creditor In Possession Under The Bankruptcy Code: History, Text, And Policy, Thomas E. Plank
Maryland Law Review
No abstract provided.
The Case For Cooperative Territoriality In International Bankruptcy, Lynn M. Lopucki
The Case For Cooperative Territoriality In International Bankruptcy, Lynn M. Lopucki
UF Law Faculty Publications
Universalism - the idea that a multinational debtor's "home country" should have worldwide jurisdiction over its bankruptcy - has long had tremendous appeal to bankruptcy professionals. Yet, the international community repeatedly has refused to adopt conventions that would make universalism a reality. In an article published last year, I proposed an explanation. Universalism can work only in a world with essentially uniform laws governing bankruptcy and priority among creditors - a world that does not yet exist. Because it is impossible to fix the location of a multinational company in a global economy, the introduction of universalism in current world …
Rethinking International Insolvency: The Neglected Role Of Choice-Of-Law Rules And Theory, Hannah L. Buxbaum
Rethinking International Insolvency: The Neglected Role Of Choice-Of-Law Rules And Theory, Hannah L. Buxbaum
Articles by Maurer Faculty
Solutions to the problem of international bankruptcy are generally framed as either universalist (arguing that international bankruptcies should be administered in a single forum) or territorialist (arguing in favor of multiple local bankruptcies). This article seeks to expand this debate by using traditional conflicts theory to examine the problem of cross-border bankruptcy. It analyzes the current regime under which cross-border bankruptcies are administered in U.S. courts, concluding that this regime operates as a multilateralist (jurisdiction-selecting) regime. Concluding that multilateralism is an appropriate method for resolving choice-of-law issues in international insolvency, the article analyzes some possible refinements to the current system. …
Circumvention Of The Bankruptcy Process: The Statutory Institutionalization Of Securitization, Lois R. Lupica
Circumvention Of The Bankruptcy Process: The Statutory Institutionalization Of Securitization, Lois R. Lupica
Faculty Publications
The Article 9 changes address two fundamental issues relevant to securitization transaction participants: (i) the characterization of the asset transfer, and (ii) the clarity and certainty of the process taken to perfect the transferee's interest in the assets. These changes will eliminate some of the uncertainty that asset-backed security investors and securitization originators face. What the Article 9 changes will also do, however, when read in conjunction with the amendments to the Bankruptcy Code, will be to allow certain financial market participants to avoid participation in the bankruptcy process, notwithstanding their provision of financing to a debtor in bankruptcy. A …
Bankruptcy Reorganization: Legal Dynamics Associated With Economic Discontinuity, Young Rock Noh
Bankruptcy Reorganization: Legal Dynamics Associated With Economic Discontinuity, Young Rock Noh
LLM Theses and Essays
This thesis attempts to discover the factors leading to such failures and to propose a cure. It argues that the basic structure of Chapter 11 of the Code, the debtor in possession structure, is one of the essential factors causing such a high rate of failure. The thesis further asserts that it is possible to reduce the rate of unsuccessful reorganization if the bankruptcy court exercises its power of case management more actively and expeditiously. For example, the court can screen the debtors' filing for relief before the reorganization case proceeds too far. Chapter II of this thesis examines the …
Beyond The Limits Of Equity Jurisprudence: No-Fault Equitable Subordination, Rafael I. Pardo
Beyond The Limits Of Equity Jurisprudence: No-Fault Equitable Subordination, Rafael I. Pardo
Scholarship@WashULaw
In two 1996 decisions involving equitable subordination of claims in bankruptcy cases, United States v. Noland and United States v. Reorganized CF&I Fabricators of Utah, Inc., the Supreme Court did not answer the question of whether a bankruptcy court must find creditor misconduct before it equitably subordinates a creditor's claim. This Note argues that the Court should have established a bright-line rule that requires such a finding, using prepetition, nonpecuniary loss tax penalty claims of the IRS as a model. After showing that, as codified in the Bankruptcy Code, the doctrine of equitable subordination requires a finding of creditor misconduct, …
Understanding Lockups: Effects In Bankruptcy And The Market For Corporate Control, Kermit Roosevelt Iii
Understanding Lockups: Effects In Bankruptcy And The Market For Corporate Control, Kermit Roosevelt Iii
All Faculty Scholarship
The article investigates the effects of lockups, devices used to compensate unsuccessful bidders. Lockups are relevant in contexts in which sales have auction-like characteristics. Bankruptcy and the market for corporate control are two such situations, since the governing legal regimes prevent sales from being swiftly consummated and require sellers to take the most favorable offer that emerges during the waiting period. Existing scholarship has considered lockups in both areas. The analysis of lockups in the market for corporate control is fairly well developed. This article shows that it is importantly incomplete because it fails both to distinguish between ex ante …
Lockups And Delaware Venue In Corporate Law And Bankruptcy, David A. Skeel Jr.
Lockups And Delaware Venue In Corporate Law And Bankruptcy, David A. Skeel Jr.
All Faculty Scholarship
This article addresses two issues that have generated enormous debate in both the corporate law and the bankruptcy literature: the use of breakup fees and other lockup provisions, and Delaware's prominence as the nation's leading corporate address. The first half of the Article weighs in on the role of lockup provisions. Corporate law commentators have adopted widely divergent views of the propriety of lockups, with several calling for courts to uphold all lockups and others proposing varying levels and kinds of scrutiny. To make sense of this debate, I show that the existing literature can be distilled to three central …
Reinvigorating Chapter 11: The Case For Reinstating The Stock-For-Debt Exception In Bankruptcy, Michelle A. Cecil
Reinvigorating Chapter 11: The Case For Reinstating The Stock-For-Debt Exception In Bankruptcy, Michelle A. Cecil
Faculty Publications
This Article suggests that such a proposal will harmonize the bankruptcy policy of rehabilitating financially distressed corporations with the tax policy of ensuring that true economic income is subject to federal income taxation.27 Parts II and III of this Article will trace the common law evolution of the stock-for-debt exception and its statutory codification in 1980, with particular emphasis on the stated policy justifications for the exception. Part IV will then examine the history of the repeal of the stock-for-debt exception, demonstrating that the repeal was the result of hasty political maneuvering rather than reasoned legislative decision-making. In Part V, …
The Future Claims Representative In Mass Tort Bankruptcy: A Preliminary Inquiry, Frederick Tung
The Future Claims Representative In Mass Tort Bankruptcy: A Preliminary Inquiry, Frederick Tung
Faculty Scholarship
Mass torts have becomemoved center stage in the courts, the academy, and the popular press. The plight of mass tort victims—asbestos victims, Dalkon shield users, breast implant recipients, among others—has become standard fare in the media., and cCourts and commentators have struggled for several decades attempting to craft just and workable solutionsresolutions of mass tort liabilities. The challenge is to save the business, restructuring its debts, while providing fair treatment to future claimants and achieving a final resolution of their rights against the business.
Limited Liability And Creditors' Rights: The Limits Of Risk Shifting To Creditors, Frederick Tung
Limited Liability And Creditors' Rights: The Limits Of Risk Shifting To Creditors, Frederick Tung
Faculty Scholarship
In this Symposium, we were asked to identify and articulate the nature of our passion for teaching corporate law. My passion-a bit odd in this context, perhaps-is bankruptcy. In addition to teaching the basic Corporations course, I also teach Corporate Reorganization and Bankruptcy, and my research has focused primarily on corporate reorganization issues. As I say, my particular passion may seem out of place in the context of this Symposium. The corporation is an engine for maximizing wealth. Yet we bankruptcy types obsess about financial ruin. We pray for the next recession. We sell short. Our chips sit on the …
The Locus Of Lawmaking: Uniform State Law, Federal Law, And Bankruptcy Reform, Edward J. Janger
The Locus Of Lawmaking: Uniform State Law, Federal Law, And Bankruptcy Reform, Edward J. Janger
Faculty Scholarship
No abstract provided.
Bank Of America V. 203 North Lasalle Street Partnership: Cram Down Without Debtor Exclusivity--Good Or Bad For The Creditor?, Ann E. Nolan
Bank Of America V. 203 North Lasalle Street Partnership: Cram Down Without Debtor Exclusivity--Good Or Bad For The Creditor?, Ann E. Nolan
Kentucky Law Journal
No abstract provided.
Staying Proceedings On Grounds Of Champerty, Adrian Walters
Staying Proceedings On Grounds Of Champerty, Adrian Walters
Adrian J Walters
No abstract provided.
Contingency Fee Arrangements At Common Law, Adrian Walters
Contingency Fee Arrangements At Common Law, Adrian Walters
Adrian J Walters
No abstract provided.
Directors' Duties: The Impact Of The Company Directors Disqualification Act, Adrian Walters
Directors' Duties: The Impact Of The Company Directors Disqualification Act, Adrian Walters
Adrian J Walters
No abstract provided.
Bankruptcy Reform And The Elderly: The Effect Of Means-Testing On Older Debtors, Robyn L. Meadows
Bankruptcy Reform And The Elderly: The Effect Of Means-Testing On Older Debtors, Robyn L. Meadows
Robyn L Meadows
No abstract provided.