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Full-Text Articles in Law

The Bankruptcy Discharge: Toward A Fresher Start, Doug R. Rendleman Dec 2012

The Bankruptcy Discharge: Toward A Fresher Start, Doug R. Rendleman

Doug Rendleman

No abstract provided.


Beyond Contempt: Obligors To Injunctions, Doug R. Rendleman Dec 2012

Beyond Contempt: Obligors To Injunctions, Doug R. Rendleman

Doug Rendleman

No abstract provided.


Gaming The System: Bio-Economics, Game Theory, & Fisheries Management, Richard A. Grisel Dec 2012

Gaming The System: Bio-Economics, Game Theory, & Fisheries Management, Richard A. Grisel

Richard A Grisel

This paper argues that game theory provides powerful, effective new tools to analyze externalities that occur in the context of strategic, multi-party, interactive decision-making. I will attempt to treat this as a non-technical paper and avoid the complex mathematics better left to economists and mathematicians. Instead, a more achievable goal is to illustrate how high-seas open-access fishing is virtually identical to a game situation, treat the fundamentals of game theory, and demonstrate that game theoretic analyses are well-suited and fruitful for designing effective policy responses to fisheries management, particularly with respect to the straddling stocks problem. Indeed, one seminal fisheries …


Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - History & Background, Royce De R. Barondes, Lisa Fairfax, Lawrence A. Hamermesh, Robert Lawless Dec 2012

Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - History & Background, Royce De R. Barondes, Lisa Fairfax, Lawrence A. Hamermesh, Robert Lawless

Lawrence A. Hamermesh

No abstract provided.


Classification Of Unsecured Claims In Chapter 13 Of The Bankruptcy Reform Act Of 1978: What Is Fair?, James B. Mclaughlin Jr., Robert W. Nelms Dec 2012

Classification Of Unsecured Claims In Chapter 13 Of The Bankruptcy Reform Act Of 1978: What Is Fair?, James B. Mclaughlin Jr., Robert W. Nelms

James B. McLaughlin Jr.

The subject of the classification of unsecured claims in Chapter 13 is a subject which has been written about before. There have also been several informative and well written articles dealing with Chapter 13 in general, which also refer to the problem of classification of claims in Chapter 13. This article will not attempt to reiterate the principles and concepts stated in those articles.


Injunctions Against The Opening Of Gas Storage Facilities, Jorge E. De Hoyos Walther Dec 2012

Injunctions Against The Opening Of Gas Storage Facilities, Jorge E. De Hoyos Walther

Jorge E De Hoyos Walther

A recent decision from the Mexican Supreme Court, clarified the issued as to whether State Courts may issued injunctions against the opening of gas storage facilities related to the gas pipelines for the distribution of natural gas.


Interdictos En Contra De Contruccion De Ductos De Distribucion De Gas Natural., Jorge E. De Hoyos Walther Nov 2012

Interdictos En Contra De Contruccion De Ductos De Distribucion De Gas Natural., Jorge E. De Hoyos Walther

Jorge E De Hoyos Walther

Se analiza la más reciente jurisprudencia de la SCJN, referente a los interdictos en contra de construcción de ductos para la distribución de gas natural.


The Problem With Surrender Under 1325 (Of The Bankruptcy Code), Ingrid Hillinger Jul 2012

The Problem With Surrender Under 1325 (Of The Bankruptcy Code), Ingrid Hillinger

Ingrid Michelsen Hillinger

What can courts or debtors' attorneys do when a debtor surrenders collateral in full satisfaction of a lender's secured claim but the lender does not foreclose on it. Also presented on this issue at same conference in Charleston, SC (March 2012) and Portland, OR (August 2011).


What To Do About Surrender, Ingrid Hillinger Jun 2012

What To Do About Surrender, Ingrid Hillinger

Ingrid Michelsen Hillinger

Judge Michael Deasy and I led a "fireside chat" about the problems with a debtor's attempt to surrender collateral that the secured lender refuses to accept or to foreclose on


Ponzi Schemes And Preference Law, Ingrid Hillinger Jun 2012

Ponzi Schemes And Preference Law, Ingrid Hillinger

Ingrid Michelsen Hillinger

Why application of preference law fails to achieve bankruptcy's "equality is equity" goal.


Bankruptcy And The Myth Of "Uniform Laws", Daniel Austin May 2012

Bankruptcy And The Myth Of "Uniform Laws", Daniel Austin

Daniel A. Austin

The Bankruptcy Clause of the Constitution empowers Congress to enact “uniform Laws on the subject of bankruptcies.” Common definitions of the word uniform include “always the same” and “not variable.” Yet the rights and remedies of debtors and creditors in a bankruptcy case vary significantly depending upon the state and federal jurisdiction in which the case is filed. Rather than a single uniform law of bankruptcy, the U.S. has multiple bankruptcy laws and regimes based upon geography.

The cause of bankruptcy nonuniformity lies in the structure of our bankruptcy system. Many sections of the Bankruptcy Code incorporate state law, which …


Bankruptcy And The Myth Of "Uniform Laws", Daniel A. Austin May 2012

Bankruptcy And The Myth Of "Uniform Laws", Daniel A. Austin

Daniel A. Austin

The Bankruptcy Clause of the Constitution empowers Congress to enact “uniform Laws on the subject of bankruptcies.” Common definitions of the word uniform include “always the same” and “not variable.” Yet the rights and remedies of debtors and creditors in a bankruptcy case vary significantly depending upon the state and federal jurisdiction in which the case is filed. Rather than a single uniform law of bankruptcy, the U.S. has multiple bankruptcy laws and regimes based upon geography.

The cause of bankruptcy nonuniformity lies in the structure of our bankruptcy system. Many sections of the Bankruptcy Code incorporate state law, which …


Eat My Dirt! Dirt-For-Debt Swaps Under 11 U.S.C. §1129(B)(2)(A)(Iii), Daniel A. Austin May 2012

Eat My Dirt! Dirt-For-Debt Swaps Under 11 U.S.C. §1129(B)(2)(A)(Iii), Daniel A. Austin

Daniel A. Austin

No abstract provided.


Discussion Leader, Southern District Of Florida Bankruptcy Bar Association Retreat, Ingrid Hillinger Apr 2012

Discussion Leader, Southern District Of Florida Bankruptcy Bar Association Retreat, Ingrid Hillinger

Ingrid Michelsen Hillinger

Faculty are assigned 15 different problems involving 15 different bankruptcy issues. Each faculty member leads a different group in discussing the 3 problems assigned for the specific 2 hour session.


Protective Orders In The Bankruptcy Court: The Congressional Mandate Of Bankruptcy Code Section 107 And Its Constitutional Implications, Michelle M. Harner, William T. Bodoh Apr 2012

Protective Orders In The Bankruptcy Court: The Congressional Mandate Of Bankruptcy Code Section 107 And Its Constitutional Implications, Michelle M. Harner, William T. Bodoh

Michelle M. Harner

No abstract provided.


The Denial Of Future Tort Claims In In Re Piper Aircraft: Will The Court's Quick-Fix Solution Keep The Debtor Flying High Or Bring It Crashing Down?, Michelle M. Harner Apr 2012

The Denial Of Future Tort Claims In In Re Piper Aircraft: Will The Court's Quick-Fix Solution Keep The Debtor Flying High Or Bring It Crashing Down?, Michelle M. Harner

Michelle M. Harner

No abstract provided.


A Chapter 11 Debtor's Life After Oct. 17: Not So Bad If You Effectively Plan, Michelle M. Harner, Carl E. Black Apr 2012

A Chapter 11 Debtor's Life After Oct. 17: Not So Bad If You Effectively Plan, Michelle M. Harner, Carl E. Black

Michelle M. Harner

No abstract provided.


Sublicensing From A Distressed Company: Are You Placing Your Future In The Debtor's Hands?, Michelle M. Harner, David A. Beck Apr 2012

Sublicensing From A Distressed Company: Are You Placing Your Future In The Debtor's Hands?, Michelle M. Harner, David A. Beck

Michelle M. Harner

No abstract provided.


The History And Rationale For A Separate Bank Resolution Process, Thomas Fitzpatrick, Moira Kearney-Marks, James Thomson Feb 2012

The History And Rationale For A Separate Bank Resolution Process, Thomas Fitzpatrick, Moira Kearney-Marks, James Thomson

James B Thomson

Everyone recognizes the need to have a credible resolution regime in place for fi nancial companies whose failure could harm the entire financial system, but people disagree about which regime is best. The emergence of the parallel banking system has led policymakers to reconsider the dividing line between fi rms that should be resolved in bankruptcy and firms that should be subject to a special resolution regime. A look at the history of insolvency resolution in this country suggests that a blended approach is worth considering. Activities that have potential systemic impact might be best handled administratively, while all other …


Is The Code Exploding Or Imploding?, Ingrid Hillinger Jan 2012

Is The Code Exploding Or Imploding?, Ingrid Hillinger

Ingrid Michelsen Hillinger

No abstract provided.


Conference Organizer, Valuation In Bankruptcy, Ingrid Hillinger Jan 2012

Conference Organizer, Valuation In Bankruptcy, Ingrid Hillinger

Ingrid Michelsen Hillinger

No abstract provided.


John Levy - Friend, Mentor And Inspiration, Ingrid Michelsen Hillinger Jan 2012

John Levy - Friend, Mentor And Inspiration, Ingrid Michelsen Hillinger

Ingrid Michelsen Hillinger

No abstract provided.


2001: A Code Odyssey (New Dawn For The Article 9 Secured Creditor), Ingrid Michelsen Hillinger, Michael G. Hillinger Jan 2012

2001: A Code Odyssey (New Dawn For The Article 9 Secured Creditor), Ingrid Michelsen Hillinger, Michael G. Hillinger

Ingrid Michelsen Hillinger

No abstract provided.


The Treatment Of Consignments In Bankruptcy: Two Codes And Their Fictions, At Play, In The Fields, Ingrid Michelsen Hillinger Jan 2012

The Treatment Of Consignments In Bankruptcy: Two Codes And Their Fictions, At Play, In The Fields, Ingrid Michelsen Hillinger

Ingrid Michelsen Hillinger

No abstract provided.


The Latest Developments In Article 9, Ingrid Michelsen Hillinger, Mark Leipold, Margit Livingston Jan 2012

The Latest Developments In Article 9, Ingrid Michelsen Hillinger, Mark Leipold, Margit Livingston

Ingrid Michelsen Hillinger

No abstract provided.


The Story Of Ymps ("Yield Maintenance Premiums") In Bankruptcy, Ingrid Michelsen Hillinger, Michael G. Hillinger Jan 2012

The Story Of Ymps ("Yield Maintenance Premiums") In Bankruptcy, Ingrid Michelsen Hillinger, Michael G. Hillinger

Ingrid Michelsen Hillinger

No abstract provided.


Environmental Affairs In Bankruptcy: 2004, Ingrid Michelsen Hillinger, Michael G. Hillinger Jan 2012

Environmental Affairs In Bankruptcy: 2004, Ingrid Michelsen Hillinger, Michael G. Hillinger

Ingrid Michelsen Hillinger

No abstract provided.


Section 365 In The Consumer Context: Something Old, Something New, Something Borrowed, Something Blue, Ingrid Michelsen Hillinger, Michael G. Hillinger Jan 2012

Section 365 In The Consumer Context: Something Old, Something New, Something Borrowed, Something Blue, Ingrid Michelsen Hillinger, Michael G. Hillinger

Ingrid Michelsen Hillinger

No abstract provided.


Introduction: The Future Of Chapter 11: A Symposium Cosponsored By The American College Of Bankruptcy, Ingrid Michelsen Hillinger Jan 2012

Introduction: The Future Of Chapter 11: A Symposium Cosponsored By The American College Of Bankruptcy, Ingrid Michelsen Hillinger

Ingrid Michelsen Hillinger

Professor Ingrid Michelsen Hillinger offers introductory remarks to the Symposium: The Future of Chapter 11, cosponsored by the American College of Bankruptcy and the Boston College Law Review and held at the Boston College Law School on April 22, 2005.


The Article 2 Merchant Rules: Karl Llewellyn's Attempt To Achieve The Good, The True, The Beautiful In Commercial Law, Ingrid Michelsen Hillinger Jan 2012

The Article 2 Merchant Rules: Karl Llewellyn's Attempt To Achieve The Good, The True, The Beautiful In Commercial Law, Ingrid Michelsen Hillinger

Ingrid Michelsen Hillinger

No abstract provided.