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Full-Text Articles in Law

Resolving Large, Complex Financial Firms, Thomas Fitzpatrick, Mark Greenlee, James Thomson Oct 2011

Resolving Large, Complex Financial Firms, Thomas Fitzpatrick, Mark Greenlee, James Thomson

James B Thomson

How to best manage the failure of systemically important fi nancial fi rms was the theme of a recent conference at which the latest research on the issue was presented. Here we summarize that research, the discussions that it sparked, and the areas where considerable work remains.


How Well Does Bankruptcy Work When Large Financial Firms Fail? Some Lessons From Lehman Brothers, Thomas Fitzpatrick, James Thomson Oct 2011

How Well Does Bankruptcy Work When Large Financial Firms Fail? Some Lessons From Lehman Brothers, Thomas Fitzpatrick, James Thomson

James B Thomson

There is disagreement about whether large and complex financial institutions should be allowed to use U.S. bankruptcy law to reorganize when they get into financial difficulty. We look at the Lehman example for lessons about whether bankruptcy law might be a better alternative to bailouts or to resolution under the Dodd-Frank Act’s orderly liquidation authority. We find that there is no clear evidence that bankruptcy law is insufficient to handle the resolution of large complex financial firms.


Lessons From The Nextwave Saga: The Federal Communications Commission, The Courts, And The Use Of Market Forms To Perform Public Functions, Rodger Citron, John Rogovin Jun 2011

Lessons From The Nextwave Saga: The Federal Communications Commission, The Courts, And The Use Of Market Forms To Perform Public Functions, Rodger Citron, John Rogovin

Rodger Citron

No abstract provided.


Widener Law Analysis: Share Pain Or Deal With Bankruptcy, Juliet Moringiello, Michael Hussey Jun 2011

Widener Law Analysis: Share Pain Or Deal With Bankruptcy, Juliet Moringiello, Michael Hussey

Michael Hussey

No abstract provided.


Widener Law Analysis: Share Pain Or Deal With Bankruptcy, Juliet Moringiello, Michael Hussey Jun 2011

Widener Law Analysis: Share Pain Or Deal With Bankruptcy, Juliet Moringiello, Michael Hussey

Juliet M Moringiello

No abstract provided.


Federal Oil Price Controls In Bankruptcy Cases: Government Claims For Repayment Of Illegal Overcharges Should Not Be Subordinated And “Penalties” Under 11 Usc §726(A)(4), Thomas Schweitzer Apr 2011

Federal Oil Price Controls In Bankruptcy Cases: Government Claims For Repayment Of Illegal Overcharges Should Not Be Subordinated And “Penalties” Under 11 Usc §726(A)(4), Thomas Schweitzer

Thomas A. Schweitzer

No abstract provided.


'No Look' Attorneys' Fees And The Attorneys Who Are Looking: An Empirical Analysis Of Presumptively Approved Attorneys' Fees In Ch. 13 Bankruptcies And A Proposal For Reform, Bruce Price Dec 2010

'No Look' Attorneys' Fees And The Attorneys Who Are Looking: An Empirical Analysis Of Presumptively Approved Attorneys' Fees In Ch. 13 Bankruptcies And A Proposal For Reform, Bruce Price

Bruce M Price

This article presents original empirical research on the issue of “No Look” or presumptively approved attorneys’ fees in consumer Chapter 13 bankruptcy cases. 11 U.S.C. section 330 requires court approval of attorneys’ fees. Courts are frequently unable to address the volume of applications if individual review were required. As such, many courts have set presumptively approved attorneys’ fees in which the attorneys’ fees for routine services are approved administratively. Circuits are split as to whether this practice can be rationalized with existing case law, the Bankruptcy Code or legislative intent. The study examines the practices of each Bankruptcy Court and …