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Articles 61 - 69 of 69
Full-Text Articles in Law
The Spearing Tool Filing System Disaster, Lynn M. Lopucki
The Spearing Tool Filing System Disaster, Lynn M. Lopucki
UF Law Faculty Publications
Debtor name errors have been a substantial and persistent problem for filers and searchers in the Uniform Commercial Code Article 9 filing system. Filers make errors in spelling, punctuation, and spacing, use trade names, and include extraneous words. The law prior to 2001 excused such errors if they were minor and not seriously misleading. That put the burden on searchers to conduct reasonable diligent searches to find erroneous filings. The effect was to render all searches problematic and costly. The drafters of revised Article 9 conceived a brilliant solution to the problem with respect to corporate debtors (registered entities). First, …
Non-Pecuniary Interests And The Injudicious Limits Of Appellate Standing In Bankruptcy, S. Todd Brown
Non-Pecuniary Interests And The Injudicious Limits Of Appellate Standing In Bankruptcy, S. Todd Brown
Journal Articles
Standing to appeal bankruptcy court orders today is limited to those with a pecuniary interest. This prudential limitation is based on the person aggrieved requirement of Section 39(c) of the Bankruptcy Act of 1898 - a requirement that was not included in the Bankruptcy Code. This article examines the extensive differences between the Act and the Code, the potential justifications for extending the pecuniary interest test in spite of the omission of the person aggrieved requirement, and the potential ramifications for parties and the integrity of the bankruptcy process. This analysis suggests that standing to appeal bankruptcy orders should be …
The Myth (And Realities) Of Forum Shopping In Transnational Insolvency, John A. E. Pottow
The Myth (And Realities) Of Forum Shopping In Transnational Insolvency, John A. E. Pottow
Articles
A decade ago, in 1996, the landscape of transnational insolvencies was vastly different from today. The UNCITRAL Model Law had not been finished, the efforts at the E.U. Insolvency Treaty were jeopardized by mad cows, and no one had heard of Chapter 15. Now, all three universalist projects are up and running, putting universalism in a comfortable state of ascendancy. The paradigm has not been without critics, however, the most persistent and eloquent of which has been Professor Lynn LoPucki. LoPucki has periodically attacked universalism on a number of grounds. These grievances include a sovereigntist complaint of universalism's insensitivity to …
Private Liability For Reckless Consumer Lending, John A. E. Pottow
Private Liability For Reckless Consumer Lending, John A. E. Pottow
Articles
Congress recently enacted amendments to the Bankruptcy Code that possess the overarching theme of cracking down on debtors due to the increasing rate at which individuals have been filing for bankruptcy. Taking into account the correlation between the overall rise in consumer credit card debt and the rate of individual bankruptcy filings, the author nevertheless hypothesizes that not all credit card debt is troubling. Instead, the author proposes that the catalyst driving individual bankruptcy rates higher than ever is the level of "bad credit"-or credit extended to individuals even though there is a reasonable likelihood that the individual will be …
Bankruptcy Reform And Homeownership Risk, Melissa Jacoby
Bankruptcy Reform And Homeownership Risk, Melissa Jacoby
Melissa B. Jacoby
No abstract provided.
The Impact Of The Enterprise Act 2002 On Realisations And Costs, Adrian Walters, J. Armour, A. Hsu
The Impact Of The Enterprise Act 2002 On Realisations And Costs, Adrian Walters, J. Armour, A. Hsu
Adrian J Walters
No abstract provided.
Judicial Assistance In Cross-Border Insolvency At Common Law, Adrian Walters
Judicial Assistance In Cross-Border Insolvency At Common Law, Adrian Walters
Adrian J Walters
No abstract provided.
Timely Filing In Chapter 13 Bankruptcy Cases: Does Rule 3002(C)'S Deadline Apply To Secured Creditors?, Mark Glover
Timely Filing In Chapter 13 Bankruptcy Cases: Does Rule 3002(C)'S Deadline Apply To Secured Creditors?, Mark Glover
Mark Glover
Federal Rule of Bankruptcy Procedure 3002 provides the guidelines that creditors must follow to file a proof of claim and participate in the debtor's repayment plan. Subsection (c) of the rule establishes a timeliness requirement, which states “a proof of claim is timely filed if it is filed not later than 90 days after the first date set for the meeting of creditors called under § 341(a) of the Code.” While courts universally agree that Rule 3002(c)’s deadline applies to unsecured creditors, much uncertainty has arisen as to whether the rule applies to secured creditors. Some courts interpret the rule …
The New Chinese Bankruptcy Law: Text And Limited Comparative Analysis, Samuel L. Bufford
The New Chinese Bankruptcy Law: Text And Limited Comparative Analysis, Samuel L. Bufford
Hon. Samuel L. Bufford
No abstract provided.