Law Commons^™

Helping Families Save Their Homes: The Role Of Bankruptcy Law: Hearing Before The S. Comm. On The Judiciary, 110th Cong., Nov. 19, 2008 (Statement Of Professor Adam Levitin, Geo. U. L. Center), Adam J. Levitin

Testimony Before Congress

No abstract provided.

An Empirical Investigation Into Appellate Structure And The Perceived Quality Of Appellate Review, Jonathan R. Nash, Rafael I. Pardo

Vanderbilt Law Review

What is the ideal structure for appellate review? Without providing a definitive answer to the question, commentators have suggested several factors that may improve the process, and thus perhaps the accuracy, of appellate review. First, it is said that panels of judges are preferable to review by a single judge. Second, expertise in the relevant area of law is a benefit. Third, other indicia of lawfinding ability-such as the ability of lawyers and judges to focus on legal issues without the distraction of factual conflicts and the amenability of judges' schedules to careful contemplation and reflection-contribute to the quality of …

Chapter 15 Of The Bankruptcy Code And Its Implicit Assumptions Regarding The Foreign Exchange Market, John J. Chung

Law Faculty Scholarship

No abstract provided.

Sovereign Debt Restructuring: Search For An Optimum Voting Threshold, Joy Dey

Joy Dey

Sovereigns have been defaulting on their debts over decades now. A sovereign debt default necessitates a restructuring of the debt instrument in order to reduce the size of the debt or lengthen the maturity period. One of the methods of debt restructuring is an ‘exchange offer’ where the old debt instrument, for example the bond, is exchanged for new debt instruments with altered terms and conditions, particularly the payment terms. Whereas some investors may agree to such restructuring and accept the exchange offer, others might have different aspirations for their investments. A successful sovereign debt restructuring takes place when the …

Bankruptcy, James D. Walker Jr., Amber Nickell

Mercer Law Review

In 2007 the world of bankruptcy law lacked much of the excitement seen in 2005 and 2006. During the previous two years a variety of novel issues and intra-circuit conflicts arose as courts began interpreting the 2005 amendments to the Bankruptcy Code. The pace settled down in 2007 as courts began work that consisted more of refinement than innovation. They tackled the scope of sovereign immunity, the automatic stay, undue hardship for student loan discharge, and the hanging paragraph in § 1325(a). These and other recent developments in Eleventh Circuit bankruptcy law are addressed in this Article.

The Roots And False Aspersions Of Shipowner's Limitation Of Liability, Graydon S. Staring

Graydon S. Staring

Limitation of enterprise liability is today so commonplace that we see notice of it all around us in the words “incorporated” and “limited” and their abbreviations, and take it for granted that any sizeable business and many small ones enjoy limited liability. It was not always so, and long before it became generally available ashore the pioneers of enterprise liability limitation were shipowners. That it has survived the development and ready availability of corporate limitation is at first remarkable but becomes quite understandable when its history, its foundations in the policy of maritime nations, its relation to modern commercial maritime …

Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Tercer Congreso Nacional de Organismos Públicos Autónomos

"Autonomía, Reforma Legislativa y Gasto Público"

The Westernization Of Chinese Bankruptcy: An Examination Of China's New Corporate Bankruptcy Law Through The Lens Of The Uncitral Legislative Guide To Insolvency Law, Steven J. Arsenault

Penn State International Law Review

No abstract provided.

Categorizing Categories: Property Of The Estate And Fraudulent Transfers In Bankruptcy, Michael R. Cedillos

Michigan Law Review

11 U.S.C. § 541 defines "property of the estate" in bankruptcy, but courts have not interpreted that section uniformly. The Fifth Circuit has read the term broadly to include both interests in property that the trustee recovers under § 541(a)(3) and legal or equitable interests under § 541(a)(1) that have purportedly been fraudulently transferred but which the trustee has not yet recovered. The Second Circuit, however, has taken a more restrained approach, holding that fraudulently transferred property that the trustee has not yet recovered does not constitute property of the estate. This Note argues that courts should adopt the Second …

2007 Patent Law Decisions Of The Federal Circuit, Dean L. Fanelli, Victor N. Balancia, Robert J. Smyth, Carl P. Bretscher, Arthur M. Antonelli, Mark J. Sullivan, Kent E. Basson

American University Law Review

No abstract provided.

Report To The American Bankruptcy Institute: Prevalence Of Substantive Consolidation In Large Public Company Bankruptcies From 2000 To 2005, William H. Widen

Articles

No abstract provided.

Against Financial Literacy Education, Lauren E. Willis

All Faculty Scholarship

The dominant model of regulation in the United States for consumer credit, insurance, and investment products is disclosure and unfettered choice. As these products have become increasingly complex, consumers’ inability to understand them has become increasingly apparent, and the consequences of this inability more dire. In response, policymakers have embraced financial literacy education as a necessary corollary to the disclosure model of regulation. This education is widely believed to turn consumers into “responsible” and “empowered” market players, motivated and competent to make financial decisions that increase their own welfare. The vision is of educated consumers handling their own credit, insurance, …

Scary Stories And The Limited Liability Polluter In Chapter 11 Polluter In Chapter 11, Anne M. Lawton, Lynda J. Oswald

Washington and Lee Law Review

Legal commentators, policy-makers, and the media argue that the current structures of environmental, bankruptcy, and corporate law permit firms to strategically use bankruptcy to inappropriately displace hundreds of millions of dollars of environmental liability onto taxpayers. However, the proposed solution to this supposed problem-reforming bankruptcy, environmental, and/or corporate law-is draconian, and may cause dramatic and unintended consequences. Moreover, these demands for reform are occurring in a complete absence of data about whether and to what extent inappropriate strategic use of bankruptcy in this manner actually occurs. We conducted an empirical analysis of Chapter 11 bankruptcies filed in 2004 and closed …

Bankruptcy Vérité, Lynn M. Lopucki, Joseph W. Doherty

Michigan Law Review

In the empirical study we report in Bankruptcy Fire Sales, we compared the recoveries from the going-concern bankruptcy sales of twenty-five large, public companies with the recoveries from the bankruptcy reorganizations of thirty large, public companies. We found that, controlling for the asset size of the company and its presale or pre-reorganization earnings ("EBITDA"), reorganization recoveries were more than double sale recovenes. We are honored that Professor James J. White has chosen to comment on our study. White is an eloquent defender of the status quo, pulls no punches, and always has something interesting to say. Bankruptcy Noir is …

Law And Morality, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Natural Justice And Its Applications In Administrative Law, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Capacity Of The State And Its Subordinates, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Judicial Review, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Functioning Of The Law Commission Of India, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

J.S Mill On Liberty, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Bar Council Of India, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

International Trade And Insolvency Law: Is The Uncitral Model Law On Cross-Border Insolvency An Answer For Brazil? (An Economic Analysis Of Its Benefits On International Trade), Locatelli, Fernando

Fernando Locatelli

THE promotion of free international trade and the development of global financial markets have resulted in significant changes to the structure and dynamics of commercial relations in the last three decades. International integration among economies has been a useful tool for achieving economic growth. Consequently, most economies are interdependent, and business has been made among traders located in different jurisdictions.

Investors and enterprises have moved toward new boundaries seeking new markets. Companies have radically changed their structures as a means of maximizing profits. Nowadays multinational companies are a common feature, owning assets and assuming obligations in various countries. As a …

“A Responsabilidade Dos Administradores E Os Deveres De Cuidado Enquanto Estratégias De Corporate Governance” [The Liability Of Board Members And Duties Of Care As Corporate Governance Strategies], Bruno Ferreira

Bruno Ferreira

No abstract provided.

“Os Deveres De Cuidado De Administradores E Gerentes” [The Duties Of Care Of Board Members And Managers], Bruno Ferreira

Bruno Ferreira

No abstract provided.

Sistema Penitenciário Brasileiro: Uma Visão Crítica Acerca Da Ineficiência Do Direito Penal Brasileiro, Rafaela Loureiro Pinheiro Furlan

Rafaela Loureiro Pinheiro Furlan

No abstract provided.

Anistia E Estado De Direito: Análise Do Caso Brasileiro, Rafaela Loureiro Pinheiro Furlan, Dalton Yoshio Hirata, Leda Batista Da Silva

Rafaela Loureiro Pinheiro Furlan

No abstract provided.

Home Ownership Beyond A Subprime Crisis: The Role Of Delinquency Management, Melissa B. Jacoby

Melissa B. Jacoby

No abstract provided.

Misbehavior And Mistaken Bankruptcy Mortgage Claims, Katherine M. Porter

Faculty Scholarship

The greatest fear of many families in serious financial trouble is that they will lose their homes. Bankruptcy offers a last chance for families save their houses by halting a foreclosure and by repaying any default on their mortgage loans over a period of years. Mortgage companies participate in bankruptcy by filing proofs of claims with the court for the amount of the mortgage debt. In turn, bankruptcy debtors pay these claims to retain their homes. This process is well-established and, until now, uncontroversial. The assumption is that the protective elements of the federal bankruptcy shield vulnerable homeowners from harm. …

Did Bankruptcy Reform Fail? An Empirical Study Of Consumer Debtors, Robert M. Lawless, Angela K. Littwin, Katherine M. Porter, John A. E. Pottow, Deborah Thorne, Elizabeth Warren

Faculty Scholarship

Just three years ago, Congress enacted controversial amendments to the Bankruptcy Code. The proponents claimed that the changes would drive the "can pay" debtors (of which there were supposedly many) from the bankruptcy courts with tough new income-based eligibility requirements. And indeed, after the enactment of the amendments, the number of people filing for bankruptcy plunged. In this Article - the initial report of the 2007 Consumer Bankruptcy Project - the authors analyze the first national, random sample of post-amendments bankruptcy filers. Contrary to the advocates' claim that high-income filers would be driven from the system and, by implication, that …

Saving Homes In Bankruptcy: Housing Affordability And Loan Modification, John Eggum, Katherine M. Porter, Tara Twomey

Faculty Scholarship

This article examines the home affordability of chapter 13 bankruptcy debtors under current law, which prohibits the cram down or modification of residential mortgage loans. Using original empirical data from a national study of over 1700 chapter 13 bankruptcy cases, it analyzes the relationship between housing costs and income for bankrupt households. More than two-thirds of homeowners in chapter 13 bankruptcy live in unaffordable or severely unaffordable housing, according to the standards developed by the Department of Housing and Urban Development. Such families spend more than 30 percent of their incomes at the time of bankruptcy on paying their mortgages …