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2008

Bankruptcy Law

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Articles 1 - 30 of 76

Full-Text Articles in Law

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 Nov 2008

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 Nov 2008

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 Oct 2008

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

Law Faculty Scholarship

No abstract provided.


Automatic Bankruptcy Auctions And Fire-Sales, B. Espen Eckbo, Karin S. Thorburn Sep 2008

Automatic Bankruptcy Auctions And Fire-Sales, B. Espen Eckbo, Karin S. Thorburn

Finance Papers

We test for fire-sale tendencies in automatic bankruptcy auctions. We find evidence consistent with fire-sale discounts when the auction leads to piecemeal liquidation, but not when the bankrupt firm is acquired as a going concern. Neither industry-wide distress nor the industry affiliation of the buyer affect prices in going-concern sales. Bids are often structured as leveraged buyouts, which relaxes liquidity constraints and reduces bidder underinvestment incentives in the presence of debt overhang. Prices in “prepack” auctions (sales agreements negotiated prior to bankruptcy filing) are on average lower than for in-auction going-concern sales, suggesting that prepacks may help preempt excessive liquidation ...


Sovereign Debt Restructuring: Search For An Optimum Voting Threshold, Joy Dey Aug 2008

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 Jul 2008

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 Jun 2008

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 Jun 2008

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 Jun 2008

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 May 2008

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 ...


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 Apr 2008

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.


Against Financial Literacy Education, Lauren E. Willis Mar 2008

Against Financial Literacy Education, Lauren E. Willis

Faculty Scholarship at Penn Law

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 Mar 2008

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 ...


Bankruptcy Vérité, Lynn M. Lopucki, Joseph W. Doherty Feb 2008

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 no ...


Law And Morality, Mubashshir Sarshar Jan 2008

Law And Morality, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.


Natural Justice And Its Applications In Administrative Law, Mubashshir Sarshar Jan 2008

Natural Justice And Its Applications In Administrative Law, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.


Capacity Of The State And Its Subordinates, Mubashshir Sarshar Jan 2008

Capacity Of The State And Its Subordinates, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.


Judicial Review, Mubashshir Sarshar Jan 2008

Judicial Review, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.


Functioning Of The Law Commission Of India, Mubashshir Sarshar Jan 2008

Functioning Of The Law Commission Of India, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.


J.S Mill On Liberty, Mubashshir Sarshar Jan 2008

J.S Mill On Liberty, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.


Bar Council Of India, Mubashshir Sarshar Jan 2008

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 Jan 2008

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 Jan 2008

“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 Jan 2008

“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 Jan 2008

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 Jan 2008

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 Jan 2008

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

Melissa B. Jacoby

No abstract provided.


Checking Up With Barf:Evaluating The Effectiveness, Challenges And Shortcomings Of Thebankruptcy Abuse Prevention And Consumer Protection Act Of 2005., Robert Slimak Jan 2008

Checking Up With Barf:Evaluating The Effectiveness, Challenges And Shortcomings Of Thebankruptcy Abuse Prevention And Consumer Protection Act Of 2005., Robert Slimak

Richmond Journal of Law and the Public Interest

Following this introduction, Part II evaluates the effectiveness of the BAPCPA by measuring bankruptcy filing rates pre- and post-enactment and examines the losses disclosed by some of the largest credit lenders who lobbied for the bill. Part III discusses the legal challenges to BAPCPA that have already appeared in federal court. Part IV explains some of the more heavily-criticized shortcomings of the BAPCPA. This comment concludes with a brief discussion of the root causes of bankruptcy that remain unaffected by the passage of the BAPCPA.


A Study Of Consumers' Post Discharge Finances: Struggle, Stasis, Or Fresh Start?, Lois R. Lupica, Jay L. Zagorsky Ph.D. Jan 2008

A Study Of Consumers' Post Discharge Finances: Struggle, Stasis, Or Fresh Start?, Lois R. Lupica, Jay L. Zagorsky Ph.D.

Faculty Publications

The postwar U.S. has experienced an extremely sharp rise in consumer bankruptcies. What happens to these consumers financially after filing for bankruptcy? Do filers catch up with their non-filing peers, stay a constant distance behind or fall further behind over time? This question is investigated empirically using a new set of financial and bankruptcy data obtained from a large national random survey of bankruptcy filers and non-filers. Along some simple financial dimensions, such as car ownership, bankruptcy filers are not disadvantaged compared to non-filers. Along more complex indicators, such as total income and net worth, filers catch up over ...


Randomness And Complexity In Social Explanation: Evidence From Finance And Bankruptcy Law, Bernard Trujillo Jan 2008

Randomness And Complexity In Social Explanation: Evidence From Finance And Bankruptcy Law, Bernard Trujillo

Law Faculty Publications

No abstract provided.