Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Fordham Law School (21)
- Columbia Law School (16)
- University of Pennsylvania Carey Law School (12)
- Selected Works (9)
- Duke Law (8)
-
- Georgetown University Law Center (8)
- BLR (7)
- New York Law School (5)
- University of Georgia School of Law (5)
- University of Maine School of Law (5)
- American University Washington College of Law (4)
- SelectedWorks (4)
- University of Kentucky (4)
- University of Michigan Law School (4)
- Wayne State University (4)
- Boston University School of Law (3)
- Chicago-Kent College of Law (3)
- Maurer School of Law: Indiana University (3)
- Pepperdine University (3)
- William & Mary Law School (3)
- Florida International University College of Law (2)
- St. Mary's University (2)
- The Catholic University of America, Columbus School of Law (2)
- The University of Akron (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- Vanderbilt University Law School (2)
- Washington and Lee University School of Law (2)
- West Virginia University (2)
- Brooklyn Law School (1)
- Loyola Marymount University and Loyola Law School (1)
- Publication Year
- Publication
-
- Faculty Scholarship (29)
- Fordham Journal of Corporate & Financial Law (19)
- All Faculty Scholarship (12)
- Faculty Publications (8)
- ExpressO (7)
-
- Georgetown Law Faculty Publications and Other Works (7)
- Law Faculty Research Publications (4)
- Articles & Chapters (3)
- Chicago-Kent Law Review (3)
- Indiana Law Journal (3)
- LLM Theses and Essays (3)
- Pepperdine Law Review (3)
- Akron Law Review (2)
- American University Law Review (2)
- Articles (2)
- Catholic University Law Review (2)
- Continuing Legal Education Materials (2)
- James B Thomson (2)
- Maine Law Review (2)
- NYLS Law Review (2)
- Touro Law Review (2)
- Washington and Lee Law Review (2)
- West Virginia Law Review (2)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (1)
- American University Business Law Review (1)
- Arkansas Law Review (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Brooklyn Journal of International Law (1)
- David L Perechocky (1)
- Electronic Thesis and Dissertation Repository (1)
- Publication Type
- File Type
Articles 121 - 150 of 164
Full-Text Articles in Law
The Confused U.S. Framework For Foreign-Bank Insolvency: An Open Research Agenda, Steven L. Schwarcz
The Confused U.S. Framework For Foreign-Bank Insolvency: An Open Research Agenda, Steven L. Schwarcz
Faculty Scholarship
No abstract provided.
Financial Contracts And The New Bankruptcy Code: Insulating Markets From Bankrupt Debtors And Bankruptcy Judges, Edward R. Morrison, Joerg Riegel
Financial Contracts And The New Bankruptcy Code: Insulating Markets From Bankrupt Debtors And Bankruptcy Judges, Edward R. Morrison, Joerg Riegel
Faculty Scholarship
The reforms of 2005 yield important but subtle changes in the Bankruptcy Code's treatment of financial contracts. They might appear only to eliminate longstanding uncertainty surrounding the protections available to financial contract counterparties, especially counterparties to repurchase transactions and other derivative contracts. But the ambit of the reforms is much broader. The expanded definitions – especially the definition of "swap agreement" – are now so broad that nearly every derivative contract is subject to the Code's protection. Instead of protecting particular counterparties to particular transactions, the Code now protects any counterparty to any derivative contract. Entire markets have been insulated …
How Law Affects Lending, Rainer F.H. Haselmann, Katharina Pistor, Vikrant Vig
How Law Affects Lending, Rainer F.H. Haselmann, Katharina Pistor, Vikrant Vig
Faculty Scholarship
The paper explores how legal change affects lending behavior of banks in twelve transition economies of Central and Eastern Europe. In contrast to previous studies, we use bank level rather than aggregate data, which allows us to control for country level heterogeneity and analyze the effect of legal change on different types of lenders. Using a differences-in-differences methodology to analyze the within country variation of changes in creditor rights protection, we find that the credit supplied by banks increases subsequent to legal change. Further, we show that collateral law matters more for credit market development than bankruptcy law. We also …
Bankruptcy Law And Inefficient Entitlements, Irit Haviv-Segal
Bankruptcy Law And Inefficient Entitlements, Irit Haviv-Segal
ExpressO
The question as to the justification of bankruptcy law remains unanswered. The literature tends to emphasize the conflict and inability to compromise between the different normative outlooks of the insolvency law system. A deeper reflection on the existing theories of bankruptcy law reveals, however, that all theories share the same starting point: All theories share the understanding that efficiency considerations justify the enforcement of contractual bankruptcy arrangements. When the social theories call for increased levels of coercion and redistribution, these theories rely on normative considerations of distributive justice and rehabilitation values. They by no means rely on efficiency grounds. This …
Bankruptcy And Mortgage Lending: The Homeowner Dilemma, A. Mechele Dickerson
Bankruptcy And Mortgage Lending: The Homeowner Dilemma, A. Mechele Dickerson
Faculty Publications
No abstract provided.
Racial Dimensions Of Credit And Bankruptcy, David A. Skeel, Jr.
Racial Dimensions Of Credit And Bankruptcy, David A. Skeel, Jr.
Washington and Lee Law Review
No abstract provided.
The Past, Present And Future Of Debtor-In-Possession Financing, David A. Skeel Jr.
The Past, Present And Future Of Debtor-In-Possession Financing, David A. Skeel Jr.
All Faculty Scholarship
Chapter 11's distinctive post-petition financing rules trace their ancestry back to the origins of large scale corporate reorganization in America in the nineteenth century. In this sense, post-petition financing has always been with us. But in the past decade, the role of the financers has changed. After a century in the shadows, post-petition lenders have stepped onto center stage. The DIP loan agreement has become the single most important governance lever in many large Chapter 11 cases. Why have these formerly bashful financers suddenly started hogging the spotlight? I argue in this article that the generous terms offered to DIP …
Information Privacy And Internet Company Insolvencies: When A Business Fails, Does Divesture Or Bankruptcy Better Protect The Consumer?, Farah Z. Usmani
Information Privacy And Internet Company Insolvencies: When A Business Fails, Does Divesture Or Bankruptcy Better Protect The Consumer?, Farah Z. Usmani
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Implied Waiver Solution To The Problem Of Privilege In The Individual Bankruptcy Case, Laura B. Bartell
The Implied Waiver Solution To The Problem Of Privilege In The Individual Bankruptcy Case, Laura B. Bartell
Law Faculty Research Publications
No abstract provided.
Exploring The Sarbanes-Oxley Act: Will Government Intervention In The Public Accounting Profession Prevent Another Enron?, Sally S. Spielvogel
Exploring The Sarbanes-Oxley Act: Will Government Intervention In The Public Accounting Profession Prevent Another Enron?, Sally S. Spielvogel
Kentucky Law Journal
No abstract provided.
Fourt (Or Five) Easy Lessons From Enron, Douglas G. Baird, Robert K. Rasmussen
Fourt (Or Five) Easy Lessons From Enron, Douglas G. Baird, Robert K. Rasmussen
Vanderbilt Law Review
Temptation. It lies at the heart of financial swindles. The promise of 50% returns in three months can lure thousands of investors-so too can a stock that soars 500% in three years. But those who are tempted are often skeptical. Before they invest, they want to know how one can enjoy such supracompetitive returns. The answer usually is a facially plausible story, though with a bit of mystery attached. The mystery is often touted as the reason that the investment opportunity is exclusive to the entrepreneur who discovered it. It is what ensures that the gains are not competed away. …
Why Warn? – The Worker Adjustment And Retraining Notification Act In Bankruptcy, Laura B. Bartell
Why Warn? – The Worker Adjustment And Retraining Notification Act In Bankruptcy, Laura B. Bartell
Law Faculty Research Publications
The Worker Adjustment and Retraining Notification ("WARN") Ace was enacted by Congress in 1988 to provide limited protections to workers whose jobs are suddenly and permanently terminated. The WARN Act generally precludes an "employer" from ordering a "plant closing or mass layoff" until the expiration of a sixty-day period after giving written notice of such proposed action. Pursuant to legislative directive, the Department of Labor ("Department") promulgated a final rule in 1989 interpreting the provisions of the statutory language. Although neither the WARN Act itself nor the final rule makes any reference to bankrupt employers, in the preamble to the …
Response: Small Business Reorganization And The Sabre Proposals, Joseph A. Guzinsky
Response: Small Business Reorganization And The Sabre Proposals, Joseph A. Guzinsky
Fordham Journal of Corporate & Financial Law
No abstract provided.
Revised Article 9, The Proposed Bankruptcy Code Amendments And Securitizing Debtors And Their Creditors, Lois R. Lupica
Revised Article 9, The Proposed Bankruptcy Code Amendments And Securitizing Debtors And Their Creditors, Lois R. Lupica
Fordham Journal of Corporate & Financial Law
No abstract provided.
Lesson From The Trenches: Debtor Educator In Theory And Practice, Susan Block-Lieb, Karen Gross, Richard L. White
Lesson From The Trenches: Debtor Educator In Theory And Practice, Susan Block-Lieb, Karen Gross, Richard L. White
Fordham Journal of Corporate & Financial Law
No abstract provided.
Small Business Reorganization And The Sabre Proposals, Karen M. Gebbia-Pinett
Small Business Reorganization And The Sabre Proposals, Karen M. Gebbia-Pinett
Fordham Journal of Corporate & Financial Law
No abstract provided.
Revised Article 9, Securitization Transactions And The Bankruptcy Dynamic, Lois R. Lupica
Revised Article 9, Securitization Transactions And The Bankruptcy Dynamic, Lois R. Lupica
Faculty Publications
Article 9 of the Uniform Commercial Code ("U.C.C.")1 is the law governing the creation, perfection, and enforcement of security interests in personal property. Originally enacted in 1960,2 Article 9 was substantially revised in 1972 in response to changes in commercial financing markets and practices. Since this last revision, there have been further changes, including technological advances, affecting commercial practice and custom. These changes have led the Permanent Editorial Board for the U.C.C. ("PEB") to recommend to the American Law Institute ("ALI") and the National Conference of Commissioners on Uniform State Laws ("NCCUSL") that Article 9, once again, be significantly revised. …
Corporate Groups And Crossborder Insolvencies: A Canada- United States Perspective, Jacob Zeigel
Corporate Groups And Crossborder Insolvencies: A Canada- United States Perspective, Jacob Zeigel
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Problem Of Corporate Groups, A Comment On Professor Ziegel, Robert K. Rasmussen
The Problem Of Corporate Groups, A Comment On Professor Ziegel, Robert K. Rasmussen
Fordham Journal of Corporate & Financial Law
No abstract provided.
Comment On Means Testing Consumer Bankruptcy By Jean Braucher, Eric Posner
Comment On Means Testing Consumer Bankruptcy By Jean Braucher, Eric Posner
Fordham Journal of Corporate & Financial Law
No abstract provided.
Response To Eric Posner, Jean Braucher
Response To Eric Posner, Jean Braucher
Fordham Journal of Corporate & Financial Law
No abstract provided.
But Can She Keep The Car? Some Thoughts On Collateral Retention In Consumer Chapter 7 Cases, Marianne B. Culhane, Michaela M. White
But Can She Keep The Car? Some Thoughts On Collateral Retention In Consumer Chapter 7 Cases, Marianne B. Culhane, Michaela M. White
Fordham Journal of Corporate & Financial Law
No abstract provided.
Mandatory Bankruptcy Counseling: The Canadian Experience, Lain Ramsay
Mandatory Bankruptcy Counseling: The Canadian Experience, Lain Ramsay
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Soft-Landing Fallacy And Consumer Debtors, Barry E. Adler
The Soft-Landing Fallacy And Consumer Debtors, Barry E. Adler
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Use Of Intellectual Property As Collateral: Gap In The Perfection Of A Security Interest, Sofia Benammar
The Use Of Intellectual Property As Collateral: Gap In The Perfection Of A Security Interest, Sofia Benammar
LLM Theses and Essays
The purpose of the present thesis is to let French lawyers know which step they need to take in order to best assist their client in securing a more solid investment. Lenders want to be protected. Lenders want to be sure that they can use the intellectual property rights in a commercial environment free from superior claims by third parties. In other words, a lender who provides a large loan to a borrower wants to know how and where its security interest will be perfected and what is the best way for him to have priority over other claims. This …
The Lease Of Money In Bankruptcy: Time For Consistency?, Laura B. Bartell
The Lease Of Money In Bankruptcy: Time For Consistency?, Laura B. Bartell
Law Faculty Research Publications
No abstract provided.
Getting To Waiver – A Legislative Solution To State Sovereign Immunity In Bankruptcy After Seminole Tribe, Laura B. Bartell
Getting To Waiver – A Legislative Solution To State Sovereign Immunity In Bankruptcy After Seminole Tribe, Laura B. Bartell
Law Faculty Research Publications
No abstract provided.
Will Exploding Guaranties Bomb?, Marshall E. Tracht
Will Exploding Guaranties Bomb?, Marshall E. Tracht
Articles & Chapters
Springing and exploding guaranties - insider guaranties that will become due ifand when a borrower files for bankruptcy - have become popular as "bankruptcy-proofing" devices, yet there is little case law or literature on their enforceability. This article reviews the limited existing law on these bankruptcy-contingent guaranties and examines some of the arguments against their enforceabiltiy that can be expected to be made in the future.
19th Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, M. Thurman Senn, Michael Whiteman, Garry Throckmorton, James H. Newberry, Benjamin Cowgill Jr., R. Gregg Hovious, Victor B. Maddox, S. Tracy Jefferson, J. Mark Grundy, Erin N. O'Daniel, Lea Pauley Goff, Walter R. Byrne, Debra K. Stamper, John T. Mcgarvey, J. Rick Jones
19th Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, M. Thurman Senn, Michael Whiteman, Garry Throckmorton, James H. Newberry, Benjamin Cowgill Jr., R. Gregg Hovious, Victor B. Maddox, S. Tracy Jefferson, J. Mark Grundy, Erin N. O'Daniel, Lea Pauley Goff, Walter R. Byrne, Debra K. Stamper, John T. Mcgarvey, J. Rick Jones
Continuing Legal Education Materials
Materials from the 19th Annual Conference on Legal Issues For Financial Institutions held by UK/CLE in May 1999.
Roundtable Discussion, David Aronofsky, Barry S. Engel, Eric Henzy, Gideon Rothschild, Jeffrey A. Schoenblum
Roundtable Discussion, David Aronofsky, Barry S. Engel, Eric Henzy, Gideon Rothschild, Jeffrey A. Schoenblum
Vanderbilt Journal of Transnational Law
Welcome to the Roundtable panel discussion. Each of the speakers is going to open with a few minutes statement. And then we're going to pose some questions to open discussion, so it will take people through the whole asset protection route from beginning to end, hopefully. And then, any questions you may have we believe we'll have sufficient time to ask those questions and have them answered. You may get very different views. And then we've just decided that the jury will decide whether asset protection trusts are a good thing or a bad thing. Okay. So pay attention.