Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Bankruptcy Law (21)
- Business Organizations Law (4)
- Commercial Law (4)
- Comparative and Foreign Law (4)
- Banking and Finance Law (2)
-
- Consumer Protection Law (2)
- Contracts (2)
- Environmental Law (2)
- Litigation (2)
- Natural Resources Law (2)
- Securities Law (2)
- Water Law (2)
- Courts (1)
- Dispute Resolution and Arbitration (1)
- Entertainment, Arts, and Sports Law (1)
- International Law (1)
- International Trade Law (1)
- Judges (1)
- Jurisprudence (1)
- Labor and Employment Law (1)
- Legal Education (1)
- Legal Profession (1)
- Legal Writing and Research (1)
- Secured Transactions (1)
- Tax Law (1)
- Taxation-Federal (1)
- Transnational Law (1)
- Institution
- Publication Year
- Publication
-
- Michelle M. Harner (7)
- Anne Lawton (3)
- Jonathan C. Lipson (3)
- Daniel B. Bogart (2)
- Paul Stanton Kibel (2)
-
- Ralph E. Brubaker (2)
- Adam Epstein (1)
- Dalie Jimenez (1)
- David Y Choi (1)
- Fred David (1)
- Hon. Samuel L. Bufford (1)
- Ingrid Michelsen Hillinger (1)
- Joseph L Nepowada (1)
- Kenneth Ayotte (1)
- Matthew Adam Bruckner (1)
- Michael C James (1)
- Nikhil Abraham (1)
- Paul Lewis (1)
- Pierantonio Musso (1)
- Pravesh M. Gungah (1)
- Rahul K. Sharma (1)
- Robert B. Ahdieh (1)
- Ruth S Lee (1)
- Ryan P Dahl (1)
- Sarah P Woo (1)
- Sonali P Chitre (1)
- Stephanie Ben-Ishai (1)
- Stephen P. Hoffman (1)
- Summer Chandler (1)
- T. Keith Fogg (1)
- File Type
Articles 31 - 44 of 44
Full-Text Articles in Law
Bankruptcy Reorganizations And The Troubling Legacy Of Chrysler And Gm, Ralph E. Brubaker, Charles J. Tabb
Bankruptcy Reorganizations And The Troubling Legacy Of Chrysler And Gm, Ralph E. Brubaker, Charles J. Tabb
Ralph E. Brubaker
BANKRUPTCY REORGANIZATIONS AND THE
TROUBLING LEGACY OF CHRYSLER AND GM
Ralph Brubaker
University of Illinois College of Law
Charles Jordan Tabb
University of Illinois College of Law
Abstract:
The Chrysler and General Motors bankruptcy reorganizations represent the culmination of a sea-change in corporate restructuring practice that has occurred largely over the course of just the past decade. A bankruptcy reorganization has traditionally been effectuated though a chapter 11 plan of reorganization, with elaborate requirements for disclosure, creditor voting, and allocation of stakes in the reorganized debtor entity’s new capital structure among creditors and owners. Such an internal boot-strap reorganization, though, …
Bankruptcy Reorganizations And The Troubling Legacy Of Chrysler And Gm, Ralph E. Brubaker
Bankruptcy Reorganizations And The Troubling Legacy Of Chrysler And Gm, Ralph E. Brubaker
Ralph E. Brubaker
BANKRUPTCY REORGANIZATIONS AND THE
TROUBLING LEGACY OF CHRYSLER AND GM
Ralph Brubaker
University of Illinois College of Law
Charles Jordan Tabb
University of Illinois College of Law
Abstract:
The Chrysler and General Motors bankruptcy reorganizations represent the culmination of a sea-change in corporate restructuring practice that has occurred largely over the course of just the past decade. A bankruptcy reorganization has traditionally been effectuated though a chapter 11 plan of reorganization, with elaborate requirements for disclosure, creditor voting, and allocation of stakes in the reorganized debtor entity’s new capital structure among creditors and owners. Such an internal boot-strap reorganization, though, …
Glamis Gold Ltd. Vs United States Of America Award And Its Implication On The Scope Of Article 1105 Minimum Standard Of Treatment., Pravesh M. Gungah
Glamis Gold Ltd. Vs United States Of America Award And Its Implication On The Scope Of Article 1105 Minimum Standard Of Treatment., Pravesh M. Gungah
Pravesh M. Gungah
The note is a guide to understand the latest NAFTA Chapter 11 award- the Glamis Gold award. The award rendered in June 2009 is made up of 360 pages, probably the thickest Chapter 11 award. The facts, points of law, and special emphasis on the fair and equitable treatment claim are covered in 13 pages. The note ends with a critical analysis of the Tribunal’s stance on fair and equitable treatment, and places it in the jurisprudential context.
Simultaneous Distress Of Residential Developers And Their Secured Lenders: An Analysis Of Bankruptcy & Bank Regulation, Sarah P. Woo
Simultaneous Distress Of Residential Developers And Their Secured Lenders: An Analysis Of Bankruptcy & Bank Regulation, Sarah P. Woo
Sarah P Woo
With falling home prices and home foreclosures currently acknowledged as a severe problem in the U.S., more attention needs to be paid to the contributing phenomenon of residential developers undergoing liquidation, which has left behind a trail of partially-completed or abandoned properties. In order to understand this phenomenon, we analyzed 222 residential developers that filed Chapter 11 bankruptcy petitions between November 2007 and December 2008. We find that only a very small proportion of these developers, as compared to previous similar large studies, confirmed a reorganization plan. Most cases ended in liquidations. In the sample, 72.5% of the cases showed …
The Shadow Bankruptcy System, Jonathan C. Lipson
The Shadow Bankruptcy System, Jonathan C. Lipson
Jonathan C. Lipson
This article exposes and explores a puzzle at the heart of the current economic crisis: The surprising under-use, and increasing misuse, of Chapter 11 of the United States Bankruptcy Code, the principal legal system for salvaging troubled businesses.
The answer offered here: The rise of the shadow bankruptcy system. “Shadow bankruptcy” describes the severely under-regulated non-bank financial institutions (e.g., hedge funds, private equity funds and investment banks) that increasingly dominate and manipulate Chapter 11 reorganizations.
Like the “shadow banking” system for which it is named, shadow bankruptcy thrives on and promotes opacity and undisclosed, possibly perverse, incentives. Shadow bankruptcy players …
Chapter 11, Section 10, T. Fogg
Failure's Futures: Controlling The Market For Information In Corporate Reorganization, Jonathan C. Lipson
Failure's Futures: Controlling The Market For Information In Corporate Reorganization, Jonathan C. Lipson
Jonathan C. Lipson
This Article identifies and explores an important gap in bankruptcy theory and policy, with significant implications for the coming wave of major business failures: How to manage information about financially distressed businesses?
The paper makes three claims. First, Chapter 11 of the United States Bankruptcy Code plays a unique informational role, as it creates mechanisms to explain a debtor’s failure and to promote reinvestment. Second, the information functions performed by this system face internal and external threats. Internally, bankruptcy reorganization increasingly resembles an unregulated securities market, dominated by sophisticated, wealthy investors whose motives and strategies are often highly opaque. Their …
The Doctrine Of Necessity In Bankruptcy Reorganizations, Rahul K. Sharma
The Doctrine Of Necessity In Bankruptcy Reorganizations, Rahul K. Sharma
Rahul K. Sharma
Necessity is an old concept used in many fields of law. In criminal law and torts, it is a defense. In property law, its reasoning is used to support eminent domain. This paper will analyze the use of the doctrine of necessity in bankruptcy reorganizations. In bankruptcy, necessity has also been used as a justification for paying certain creditors earlier than they would have otherwise been paid. This has become controversial as such payments became routine. A decision by the Seventh Circuit in the 2004 Kmart case strongly criticized such payments and criticized reliance upon the doctrine of necessity. This …
Collective Bargaining Agreements And Chapter 9 Bankruptcy, Ryan Preston Dahl
Collective Bargaining Agreements And Chapter 9 Bankruptcy, Ryan Preston Dahl
Ryan P Dahl
The recent cycle of automotive and aviation bankruptcies is ending. The next major restructuring cycle may come from a very different quarter. Municipalities throughout the United States will face the very real prospect of insolvency. The treatment of collective bargaining agreements will play a significant role in this process. Unaffordable collective bargaining obligations may be the efficient cause of such filings. Alternatively, rejecting such agreements may be the most effective means of restoring a municipal debtor’s financial health.
Statutory gaps, the absence of significant caselaw, and limited scholarly commentary raise serious questions as to how courts should treat collective bargaining …
Rio Grande Designs: Texans’ Nafta Water Claim Against Mexico, Paul Stanton Kibel, Jonathan R. Schutz
Rio Grande Designs: Texans’ Nafta Water Claim Against Mexico, Paul Stanton Kibel, Jonathan R. Schutz
Paul Stanton Kibel
No abstract provided.
Grasp On Water: A Natural Resource That Eludes Nafta's Notion Of Investment, Paul Stanton Kibel
Grasp On Water: A Natural Resource That Eludes Nafta's Notion Of Investment, Paul Stanton Kibel
Paul Stanton Kibel
No abstract provided.
Bankruptcy And Sport Management, Adam Epstein
Bankruptcy And Sport Management, Adam Epstein
Adam Epstein
A discussion of the relationship between bankruptcy law and sport studies including sports management and sports law. A history of bankruptcy laws is presented, including relevancy between today and its ancient Roman roots. A list of teams and individuals (through 2003) who have filed for bankruptcy provides a springboard for further research. The differences between Chapter 7, Chapter 11 and Chapter 13 bankruptcy is presented in the context of sport. Particular emphasis is given to the bankruptcy filings by Cannondale bicycle manufacturer and sports agent David Dunn.
Unexpected Gifts Of Chapter 11: The Breach Of A Director's Duty Of Loyalty Following Plan Confirmation And The Postconfirmation Jurisdiction Of Bankruptcy Courts, Daniel Bogart
Daniel B. Bogart
This article addresses the intersection of two aspects of chapter 11 jurisprudence: the fiduciary duties of directors and officers of the debtor and the post confirmation jurisdiction of bankruptcy courts. The article suggests that the normal application of fiduciary duties to confirmed debtors creates particular opportunities for directors and officers to act in a disloyal manner. The article examines two cases in particular. These include Bernstein v. Donaldson (In re Insulfoams, Inc.) and Cumberland Farms, Inc. v. Hasenotes (In re Cumberland Farms, Inc.) Traditionally, courts and commentators suggest that normal state fiduciary standards govern directors post confirmation. The article argues, …
Liability Of Directors Of Chapter 11 Debtors In Possession: 'Don't Look Back - Something May Be Gaining On You', Daniel Bogart
Liability Of Directors Of Chapter 11 Debtors In Possession: 'Don't Look Back - Something May Be Gaining On You', Daniel Bogart
Daniel B. Bogart
This article addresses a series of important questions involving the fiduciary obligations and personal liability of bankruptcy trustees and directors of debtors in possession. The article begins by noting the uncertainty of lawyers representing directors of chapter 11 debtors. These lawyers must advise individual directors on their possible liability for decision making post petition. The article continues with a review of basic corporate governance of companies preceding and following the filing of a chapter 11 petition.
The article focuses on the content of the fiduciary obligations of care and loyalty of directors of the bankrupt companies. Supreme Court opinions indicate …