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Full-Text Articles in Law
The Bankruptcy Abuse Prevention And Consumer Protection Act: An Empirical Examination Of The Act's Business Bankruptcy Effects, Foteini Teloni
The Bankruptcy Abuse Prevention And Consumer Protection Act: An Empirical Examination Of The Act's Business Bankruptcy Effects, Foteini Teloni
SJD Dissertations
This paper uses a multivariate logistic regression model to examine empirically and quantify for the first time the effect of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) on the Chapter 11 landscape. Two samples are tested: a general sample consisting of firms from various corporate sectors, and a sample consisting only of retailers. Both studies show that the 2005 amendments had a statistically significant effect on traditional Chapter 11 practice. In particular, post-BAPCPA we observe a rise in rapid dispositions through the form of a sale of all or substantially all debtor assets. Indeed, in the post-amendments era, …
Chapter 11 Duration, Preplanned Cases, And Refiling Rates: An Empirical Analysis In The Post-Bapcpa Era, Foteini Teloni
Chapter 11 Duration, Preplanned Cases, And Refiling Rates: An Empirical Analysis In The Post-Bapcpa Era, Foteini Teloni
SJD Dissertations
This article empirically examines and quantifies the effect of the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”) on three distinct aspects of the Chapter 11 process: a) the duration of traditional Chapter 11 cases; b) the use of prepackaged and prenegotiated bankruptcies; and c) debtor refiling rates. The sample studied consists of companies with more than $100 million in assets that both filed for and exited Chapter 11 between 1997 and 2014. BAPCPA is found to be associated with shorter Chapter 11 case duration, and an increased use of prepackaged and prenegotiated bankruptcies. Additionally, BAPCPA is found to be …
Preserving Value In The Post-Bapcpa Era — An Empirical Study, Foteini Teloni
Preserving Value In The Post-Bapcpa Era — An Empirical Study, Foteini Teloni
SJD Dissertations
Through the use of a multivariate regression model, this article studies the effect on debtor reorganization values of the shortened reorganization timeframe imposed by the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”). The study shows that BAPCPA is positively correlated at a statistically significant level with higher reorganization recoveries. This result is attributed to the increased proportion of prepackaged and prenegotiated bankruptcies observed in the post-2005 era, as these “fast-track” bankruptcy cases entail lower costs and better preserve the firm’s value.
Commuting Life Without Parole Sentences: The Need For Reason And Justice Over Politics, Jing Cao
Commuting Life Without Parole Sentences: The Need For Reason And Justice Over Politics, Jing Cao
SJD Dissertations
In the last thirty years, life without parole (LWOP) sentences have flourished in the United States. Of course the very reason for a LWOP sentencing scheme is to incarcerate the convicted defendant until death. But under the Pardon Clause of the Constitution, as well as under state laws granting the Governor the pardoning power, inmates serving LWOP sentences might be eligible for early release by commutations. On the one hand, the possibility of clemency could be regarded as an impermissible loophole that could be used on a case-by-case basis to undermine the certainty of a LWOP sentencing system. On the …