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Articles 1 - 14 of 14

Full-Text Articles in Law

Rejection Of Nonresidential Leases Of Real Property In Bankruptcy: What Happens To The Mortgagee's Security Interest? , William E. Winfield Nov 2012

Rejection Of Nonresidential Leases Of Real Property In Bankruptcy: What Happens To The Mortgagee's Security Interest? , William E. Winfield

Pepperdine Law Review

No abstract provided.


Standing To Sue A Carrier's Killers , Davis J. Howard Nov 2012

Standing To Sue A Carrier's Killers , Davis J. Howard

Pepperdine Law Review

No abstract provided.


The New Value Exception To The Absolute Priority Rule In Chapter 11 Reorganizations: What Should The Rule Be? , Linda J. Rusch Nov 2012

The New Value Exception To The Absolute Priority Rule In Chapter 11 Reorganizations: What Should The Rule Be? , Linda J. Rusch

Pepperdine Law Review

No abstract provided.


Mandatory Class Action Lawsuits As A Restructuring Technique, Bryant B. Edwards, Jeffrey A. Herbst, Selina K. Hewitt Nov 2012

Mandatory Class Action Lawsuits As A Restructuring Technique, Bryant B. Edwards, Jeffrey A. Herbst, Selina K. Hewitt

Pepperdine Law Review

No abstract provided.


Home Mortgage Strip Down In Chapter 13 Bankruptcy: A Contextual Approach To Sections 1322(B)(2) And (B)(5), Mark S . Scarberry, Scott M. Reddie Nov 2012

Home Mortgage Strip Down In Chapter 13 Bankruptcy: A Contextual Approach To Sections 1322(B)(2) And (B)(5), Mark S . Scarberry, Scott M. Reddie

Pepperdine Law Review

No abstract provided.


Playing The "Get Out Of College Free" Card: Dischargeability Of Educational Debts In Chapter 7 Bankruptcy, Julie J. Heimark Oct 2012

Playing The "Get Out Of College Free" Card: Dischargeability Of Educational Debts In Chapter 7 Bankruptcy, Julie J. Heimark

Pepperdine Law Review

No abstract provided.


Asbestos Legislation Ii: Section 524(G) Without Bankruptcy, Francis E. Mcgovern Apr 2012

Asbestos Legislation Ii: Section 524(G) Without Bankruptcy, Francis E. Mcgovern

Pepperdine Law Review

No abstract provided.


Legislative Attempts To Address Asbestos Litigation, Steven Kazan Apr 2012

Legislative Attempts To Address Asbestos Litigation, Steven Kazan

Pepperdine Law Review

No abstract provided.


Asbestos Litigation And Bankruptcy: A Case Study For Ad Hoc Public Policy Limitations On Joint And Several Liability, Richard L. Cupp Jr Apr 2012

Asbestos Litigation And Bankruptcy: A Case Study For Ad Hoc Public Policy Limitations On Joint And Several Liability, Richard L. Cupp Jr

Pepperdine Law Review

Over a decade ago, the Federal Judicial Conference warned of an asbestos litigation “disaster of major proportions.” The Supreme Court of the United States has described the litigation as a “crisis.” According the RAND Institute for Civil Justice, by the end of 2000, more than 600,000 asbestos claims were filed. RAND estimates that as many as three million more plaintiffs may eventually file claims. Most new claimants are not sick. The flood of claims has forced almost sixty companies into bankruptcy; many of these bankruptcies are very recent. As a result, defendants with only remote connections to asbestos – known …


Mortgage Wars Episode V - The Empiricist Strikes Back (Or Out): A Reply To Professor Levitin's Response , Mark S. Scarberry Feb 2012

Mortgage Wars Episode V - The Empiricist Strikes Back (Or Out): A Reply To Professor Levitin's Response , Mark S. Scarberry

Pepperdine Law Review

Professor Adam Levitin has responded to my recent symposium article critiquing proposed congressional legislation that would allow modification (including strip down) of home mortgages in Chapter 13 bankruptcy. A portion of my Critique criticized his empirical studies concerning the likely effect of the proposed legislation on mortgage interest rates and availability, and also criticized the arguments he has made in support of the proposed legislation. The Critique did note, however, that the insight involved in conceiving of such empirical studies was impressive. Surprisingly, Professor Levitin’s Response fails to deal with the substantial case authority discussed in my Critique. He treats …


Back To The Future With Chapter 13: A Response To Professor Scarberry, Adam J. Levitin Feb 2012

Back To The Future With Chapter 13: A Response To Professor Scarberry, Adam J. Levitin

Pepperdine Law Review

Professor Mark Scarberry has put forth a formidable critique of my empirical study of mortgage market sensitivity to bankruptcy modification risk. As this response shows, however, his critique does not hold up under scrutiny. Professor Scarberry argues that my study design is invalid because, as he reads the current state of the law, cramdown is virtually impossible. Therefore, he contends, we should not expect markets to exhibit sensitivity to cramdown risk, so no policy conclusions can be derived from my finding of market insensitivity. Regrettably, Professor Scarberry overreads the state of the law. The law is in fact unsettled, and …


Bankruptcy Federalism: A Doctrine Askew , Margaret Howard Jan 2012

Bankruptcy Federalism: A Doctrine Askew , Margaret Howard

Pepperdine Law Review

No abstract provided.


Keeping Score When Bankruptcy Principles And The Federal Anti-Assignment Act Collide: Government Contractors' Options Concerning Executory Contracts, Tanya M. Kiatkulpiboone Jan 2012

Keeping Score When Bankruptcy Principles And The Federal Anti-Assignment Act Collide: Government Contractors' Options Concerning Executory Contracts, Tanya M. Kiatkulpiboone

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Software Licenses, Source Code Escrows, And Trustee Powers Under 11 U.S.C. §365, James E. Raymond Jan 2012

Software Licenses, Source Code Escrows, And Trustee Powers Under 11 U.S.C. §365, James E. Raymond

The Journal of Business, Entrepreneurship & the Law

No abstract provided.