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Articles 1 - 16 of 16
Full-Text Articles in Law
When Is Cross-Border Insolvency Recognition Manifestly Contrary To Public Policy, Michael A. Garza
When Is Cross-Border Insolvency Recognition Manifestly Contrary To Public Policy, Michael A. Garza
Fordham International Law Journal
This Comment argues that the Public Policy Exception of Chapter 15 should be invoked only as a last resort and that, going forward, courts should engage in an analysis of § 1506 only when no other provision in Chapter 15 supports a decision to deny relief. To promulgate this argument and to clarify the public policy exception under the Model Law and Chapter 15, this Comment proceeds in three parts. First, Part I examines various public policy exceptions found in the law, including Article 6 of UNCITRAL’s Model Law on Cross-Border Insolvency, nations adopting Article 6 of the Model Law …
Time For An Update: A New Framework For Evaluating Chapter 9 Bankruptcies, Michael J. Deitch
Time For An Update: A New Framework For Evaluating Chapter 9 Bankruptcies, Michael J. Deitch
Fordham Law Review
Municipal bankruptcies have been making national news since the “Great Recession.” Municipalities like Stockton, Vallejo, and Jefferson County gained notoriety for the record scale of their bankruptcy filings, only to be surpassed by Detroit shortly thereafter as the largest and most populous municipal bankruptcy filing. Historically, municipal bankruptcy occurred infrequently, leaving the nuances of many critical issues, including insolvency, asset utilization, and good faith, unexplored in case law. For example, how should a bankruptcy court analyze Detroit’s cityowned art museum that houses billions of dollars of art when bondholders, pensioners, and other unsecured creditors have unpaid claims? And how should …
How The Old World Encountered The New One: Regulatory Competition And Cooperation In European Corporate And Bankruptcy Law , Luca Enriques, Martin Gelter
How The Old World Encountered The New One: Regulatory Competition And Cooperation In European Corporate And Bankruptcy Law , Luca Enriques, Martin Gelter
Faculty Scholarship
The European framework for creditor protection has undergone a remarkable tansfomation in recent years. While the European Court of Justices Centros case and its progeny have given European Union businesses choice with respect to the state of incorporation, and hence to the substantive corporate law regime, the European Insolvency Regulation has introduced uniform conflict-of-law rules for insolvencies. However, this regime has opened up some forum shopping opportunities for corporate debtors. Both regulatory competition in corporate law and forum shopping in bankruptcy law have been discussed in the United States for years, while they are relativey new territory in the European …
Not All Politics Is Local: The New Chapter 15 To Govern Cross-Border Insolvencies, Elizabeth J. Gerber
Not All Politics Is Local: The New Chapter 15 To Govern Cross-Border Insolvencies, Elizabeth J. Gerber
Fordham Law Review
No abstract provided.
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.
The Lessons Of Maxwell Communication, Jay Lawrence Westbrook
The Lessons Of Maxwell Communication, Jay Lawrence Westbrook
Fordham Law Review
No abstract provided.
Cross-Border Insolvency: A British Perspective, Leonard Hoffman
Cross-Border Insolvency: A British Perspective, Leonard Hoffman
Fordham Law Review
No abstract provided.
Insolvency Law And Reform In The People's Republic Of China, Ronald Winston Harmer
Insolvency Law And Reform In The People's Republic Of China, Ronald Winston Harmer
Fordham Law Review
No abstract provided.
Relief Under Section 304 Of The Bankruptcy Code: Clarifying The Principal Role Of Comity In Transnational Insolvencies, Stuart A. Krause, Peter Janovsky, Marc A. Lebowitz
Relief Under Section 304 Of The Bankruptcy Code: Clarifying The Principal Role Of Comity In Transnational Insolvencies, Stuart A. Krause, Peter Janovsky, Marc A. Lebowitz
Fordham Law Review
No abstract provided.
Steering The Most Appropriate Course Between Admiralty And Insolvency: Why An International Insolvency Treaty Should Recognize The Primacy Of Admiralty Law Over Maritime Assets, Melissa K.S. Alwang
Steering The Most Appropriate Course Between Admiralty And Insolvency: Why An International Insolvency Treaty Should Recognize The Primacy Of Admiralty Law Over Maritime Assets, Melissa K.S. Alwang
Fordham Law Review
No abstract provided.
Sovereign Debt: The Rise Of The Secondary Market And Its Implications For Future Restructurings, Philip J. Power
Sovereign Debt: The Rise Of The Secondary Market And Its Implications For Future Restructurings, Philip J. Power
Fordham Law Review
No abstract provided.
"Post-Modern" Sovereign Debt Crisis: Did Mexico Need An International Bankruptcy Forum?, John H. Chun
"Post-Modern" Sovereign Debt Crisis: Did Mexico Need An International Bankruptcy Forum?, John H. Chun
Fordham Law Review
No abstract provided.
A Comment About A Separate Bankruptcy System, Carl Felsenfeld
A Comment About A Separate Bankruptcy System, Carl Felsenfeld
Fordham Law Review
No abstract provided.
Harmonization Of International Bankruptcy Law: A United States Perspective, Harold S. Burman
Harmonization Of International Bankruptcy Law: A United States Perspective, Harold S. Burman
Fordham Law Review
No abstract provided.
Losses Resulting From Stock Becoming Worthless – Deductability Under Federal Income Tax Laws, Joseph B. Lynch
Losses Resulting From Stock Becoming Worthless – Deductability Under Federal Income Tax Laws, Joseph B. Lynch
Fordham Law Review
No abstract provided.