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Full-Text Articles in Law
The Security Of Securitization And The Future Of Security, Thomas E. Plank
The Security Of Securitization And The Future Of Security, Thomas E. Plank
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The securitization of mortgage loans and other receivables benefits society and rests on a strong legal foundation. Securitization lowers the financing costs for borrowers and originators of loans by avoiding the costs imposed by the Bankruptcy Code on the secured creditors of operating companies. This article demonstrates how securitization avoids these costs by combining two long recognized legal devices, (1) a true sale of receivables to a buyer (2) that is a separate legal entity whose sole purpose is to finance the receivables. This structure separates the risks associated with the receivables, which creditors can more easily assess, from the …
Let's Make It Official: Adding An Explicit Preplan Sale Process As An Alternative Exit From Bankruptcy, George Kuney
Let's Make It Official: Adding An Explicit Preplan Sale Process As An Alternative Exit From Bankruptcy, George Kuney
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No abstract provided.
The Erie Doctrine And Bankruptcy, Thomas E. Plank
The Erie Doctrine And Bankruptcy, Thomas E. Plank
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No abstract provided.
Hijacking Chapter 11, George Kuney
Recent Developments In Bankruptcy Law, Nancy B. Rapoport
Recent Developments In Bankruptcy Law, Nancy B. Rapoport
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Discussion of 2004 cases regarding bankruptcy law.