Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Commercial Law (23)
- Business Organizations Law (20)
- Law and Economics (19)
- Legislation (18)
- Banking and Finance Law (17)
-
- Other Law (16)
- Litigation (13)
- Secured Transactions (13)
- Consumer Protection Law (12)
- International Law (12)
- Courts (11)
- Comparative and Foreign Law (10)
- Law and Society (10)
- Organizations Law (9)
- Agency (8)
- Jurisprudence (8)
- Securities Law (8)
- Constitutional Law (7)
- Contracts (7)
- Law and Politics (7)
- Legal History (7)
- Supreme Court of the United States (7)
- Property Law and Real Estate (6)
- Transnational Law (6)
- Administrative Law (5)
- Civil Law (5)
- Legal Remedies (5)
- Public Law and Legal Theory (5)
- Keyword
-
- Management (2)
- Second Restatement; Uniform Commercial Code; Legal Realism; Neil Cohen; practical construction; drafting; Article 2; Commercial certaintity; product liability; boilerplate contracts; consumer contracts; (2)
- 523; 523(a)(2)(A); Bankruptcy Code; Debtors; Discharge Debt; Debt; Fraud; False Pretenses; False Representation; 523(a)(2)(B); Lamar (1)
- Affordable Care Act; bankruptcy; Medical Debt (1)
- Aid (1)
-
- And Economic Stability Act; Detroit; Puerto Rico; Municipal Bankruptcy; Federalism; (1)
- And Economic Stability Act; Puerto Rico; US Virgin Islands; Debt Default; Financial Oversight and Management Board for Puerto Rico; Creditor Action; Chapter 9; Title III; Chapter 11 (1)
- And Exonomic Security Act; Small Business Administration; Paycheck Protection Program; Debtors; Bankruptcy (1)
- And other municipalities; Chapter 9 reflief; Prior permission requirement for municipalities; Home state permission to file for Chapter 9 relief; U.S. Bankruptcy Court; Municipality constraint to filing Chapter 9; Availibility of bankruptcy relief for municipalities; municipalities struggling in the current economic climate; Why it is so difficult to file a Chapter 9 bankruptcy; Constitutional and structural impediments that prevent municipalities from filing; Construction of Chapter 9; U.S. Constitution violation; Chapter 9 repeal; Making bankruptcy available for municipalities in need of financial relief; Financial relief for municipalities (1)
- Antitrust; consumer protection; Brandeis; neo-classical; Bork; fintech; automobiles; Uber; Amazon; merchant; seller; Torts; restatment of torts; political; economic; internet; european union; Reagan; Trump; authoritarian; democratizing; regulation; class-action; state class-action (1)
- Archer & Cofrin; Single Asset; Bankruptcy Law; Title 11; Circuit Split; In re Appling (1)
- Attorney’s fees; Bankruptcy attorneys; Bankruptcy Reform Act of 1978; Baker Botts v. ASARCO; L.L.C.; Fee applications; Prejudicial treatment; United States Trustee; Bankruptcy Code Section 330; Bankruptcy Code Section 328; Administrative expense; Reasonable fees; Actual and necessary services; Supreme Court; Fee-defense litigation; Frivolous litigation; Quantum meruit; Lodestar Method; Hindsight approach; Hybrid approach; Statutory interpretation; Underlying benefit; Enhanced fees; The American Rule; Fee-shifting; Bad faith exception to the American Rule; Higher standard (1)
- Authority (1)
- Autoloans; Infrastructure; Car Loans; Debt; Bankruptcy; Fintech; Technology; Car Economy; Automation; paycheck-to-paycheck; Consumer Financial Protection Bureau; CFPB; COVID-19; repossession; kicking the trade; Uber; Lyft; Federal Trade Commission; FTC; Uber Xchange; Uber Car Financing; ZipCar; City of Chicago v. Fulton; Chapter 13; Outside Financial Auto Loan Markup Index; Consumer Protection; Credit Apps; Subscription Programs; Ride-sharing; starter interruption device; SID; Consumer Bankruptcy Project; CBP; Chapter 7; superdiscarge; nondischargeable; (1)
- BRRD (1)
- Bank resolution (1)
- Bankruptcy (1)
- Bankruptcy Law (1)
- Bankruptcy Law; Bankruptcy Code; Chapter 11; Chapter 7; Chapter 9; Public Law; Judge; Judging; Structural Reform; Constitution; Constitutional Law; Private Law; Debtor; Creditor; PROMESA; Puerto Rico Oversight (1)
- Bankruptcy Law; Corporate Reorganization; Debtor-in-Possession (DIP); Directors’ Fiduciary Duties; Creditor Protection; Insolvency Law; Corporate Governance in Bankruptcy ; U.S. Chapter 11; Fiduciary Duty to Creditors; China; United States (1)
- Bankruptcy Law; International Law; Insolvency Law; UK; US; Rubin; HIH Casualty; Cambridge Gas; Lord Collins; Lord Hoffman; UNCITRAL; UNCITRAL Working Group V; Bankruptcy; Insolvency; Cross-Border Insolvency; UNCITRAL Model Law on Cross-Border Insolvency; MLCBI; ML-CBI; UNCITRAL Model Law of the Recognition and Enforcement of Insolvency-Related Judgments; MLIRJ; ML-IRJ; UK Supreme Court; Soft Law; Model Law; Universalism; Modified Universalism; Cooperative Territorialism; Territorialism; Comity; International Bankruptcy; International Insolvency; Transnational Bankruptcy; Transnational Insolvency; Dicey Rule; Dicey’s Rule; Recognition; Relief; Cooperation; Access; Insolvency Judgment; Insolvency Proceeding; Bankruptcy Proceeding (1)
- Bankruptcy Law; Stern v. Marshall; Executive Benefits Insurance Agency v. Arkison; Wellness International Network; Ltd. V. Sharif; Supreme Court; Federal Bankruptcy Rule 7012(b); Balancing test; Core claims and non-core claims; Jurisdiction; Competency; Implied consent; Federal Judgeship Act of 1984; Non-Article III Courts; Northern Pipeline Construction Co. v. Marathon Pipe Line Co.; Statutory authority; Counterclaims; Adjuncts of district courts; Stern Claim; Stern Gap; Intermediary claims; Knowing and voluntary; Legislative history; Private or Public rights (1)
- Bankruptcy; Chapter 11; Section 502(b)(2) (1)
- Bankruptcy; Supreme Court; Supreme Court of the United States; Judges; Article III; Courts; Adjudication (1)
- Bankruptcy; bankruptcy code; trustee; fraudulent conveyance; fraudulent transfer; Section 544; Section 544(b); Section 548; Uniform Fraudulent Conveyance Act; UFCA; Uniform Fraudulent Transfer Act (1)
- Bankruptcy; debt relief; student loan debt; medical debt; debt as matter of survival; reliance on credit for basic needs; Dignity Not Debt; dignity driving policy; survival debt; extractive debt; predatory debt; debt collection; shame and debt; human dignity; access to relief; profit-driven lending; strategize around debt and debt relief; formal legal systems and financial survival; debt enhancing wealth; stigma of bankruptcy; unjust enrichment of financial institutions; unjust enrichment of medical institutions; implied subsidies; default as economic efficiency; using bankruptcy strategically (1)
- Bankruptcy; personal insolvency; insolvency; personal insolvency; China; People's Republic of China; debt; debtors; bankruptcy legislation; legislation; discharge of debt (1)
- COVID-19; Coronavirus Aid Relief (1)
- Chapter 11; bankruptcy court; plan confirmation; cramdown; good faith; fair and equitable; feasibility; impaired class; plan proponent; Bankruptcy Code; absolute priority rule; best interests of creditors; plan rejection; secured claims; unsecured claims; priority claims; interest holders; liquidation analysis; debtor-in-possession; reorganization plan; confirmation standards; judicial discretion; equity interests; dissenting class; restructuring; Chapter 11 plan confirmation; cramdown and good faith; fair and equitable standard; feasibility requirement; absolute priority rule; impaired class acceptance; bankruptcy plan rejection; judicial discretion in confirmation; cramdown confirmation process; dissenting creditor class; feasibility under §1129(a)(11); good faith under §1129(a)(3); secured vs. unsecured treatment; classification manipulation; best interest of creditors test; judicial interpretation of cramdown; creditor protection in plan approval (1)
- Chapter 15; Bankruptcy; Bankruptcy Code; Insolvency; Cross-border insolvency; UNCITRAL Model Law on Cross-Border Insolvency; International; Multinational insolvency; Foreign proceedings; Foreign debtor; Domicile requirement; Debtors; Debtor eligibility; Property requirement; In re Barnet; In re Al Zawawi; Circuit split; Procedural barriers; Cross-border cooperation; Asset recovery; Efficient administration of multinational insolvencies; Fraudulent asset transfers; Creditor protection; Global restructuring; Foreign representative; Bankruptcy law; Insolvency law (1)
- Publication Year
- Publication
- Publication Type
Articles 61 - 89 of 89
Full-Text Articles in Bankruptcy Law
Bankruptcy: Where Attorneys Can Lose Big Even If They Win Big, Stanislav Veyber
Bankruptcy: Where Attorneys Can Lose Big Even If They Win Big, Stanislav Veyber
Brooklyn Journal of Corporate, Financial & Commercial Law
Historically, bankruptcy attorneys received the short end of the stick and were paid less for their services than attorneys in other fields of law. With the Bankruptcy Reform Act of 1978, Congress attempted to reduce the discrepancy in compensation. However, after the Supreme Court’s decision in Baker Botts v. ASARCO; L.L.C., the playing field remains unequal for bankruptcy attorneys. Following this decision, if a debtor disputes their attorney’s fee application, attorneys are at a disadvantage and cannot recover fees for defending their fee application. As a result, bankruptcy attorneys take an effective pay cut if they are faced with a …
Treating The New European Disease Of Consumer Debt In A Post-Communist State: The Groundbreaking New Russian Personal Insolvency Law, Jason J. Kilborn
Treating The New European Disease Of Consumer Debt In A Post-Communist State: The Groundbreaking New Russian Personal Insolvency Law, Jason J. Kilborn
Brooklyn Journal of International Law
This article examines the tumultuous transition from restrictive Communism to the debt-fueled consumer economy of modern Russia. In particular, it surveys Russia’s legal response to severe debt distress, situating it in the context of nearly one thousand years of historical development. Effective 1 October 2015, Russia finally joined most of its European neighbors in adopting a personal bankruptcy law, with characteristics that reflect both evolving international best practices and a series of lessons not learned. This article offers the first detailed exposition in English of the two steps forward represented by this new law, as well as an evaluation of …
Regulatory Incentive Realignment And The Eu Legal Framework Of Bank Resolution, Andromachi Georgosouli
Regulatory Incentive Realignment And The Eu Legal Framework Of Bank Resolution, Andromachi Georgosouli
Brooklyn Journal of Corporate, Financial & Commercial Law
Risks associated with incentive misalignment are liable to seriously jeopardize the effectiveness of bank resolution, when not properly contained. This Article considers the management of misaligned incentives between regulators that are found in a vertical relationship of public governance. Using the EU legal framework of bank resolution as its case study, this Article explores the effectiveness of the quasi-enforcement powers of the Single Resolution Board (SRB) and, where relevant, of the European Banking Authority (EBA) as an incentive realignment legal technique. Two principal difficulties are identified: on the one hand, the problematic interinstitutional dynamic of the SRB and the EBA …
Implementing Symmetric Treatment Of Financial Contracts In Bankruptcy And Bank Insolvency, Edward Janger
Implementing Symmetric Treatment Of Financial Contracts In Bankruptcy And Bank Insolvency, Edward Janger
Faculty Scholarship
No abstract provided.
The Logic And Limits Of Liens, Edward J. Janger
The Logic And Limits Of Liens, Edward J. Janger
Faculty Scholarship
No abstract provided.
The Logic And Limits Of Liens, Edward Janger
The Logic And Limits Of Liens, Edward Janger
Faculty Scholarship
No abstract provided.
Liquidity, Systemic Risk, And The Bankruptcy Treatment Of Financial Contracts, Rizwaan J. Mokal
Liquidity, Systemic Risk, And The Bankruptcy Treatment Of Financial Contracts, Rizwaan J. Mokal
Brooklyn Journal of Corporate, Financial & Commercial Law
No abstract provided.
Ice Cube Bonds: Allocating The Price Of Process In Chapter 11 Bankruptcy, Edward J. Janger, M. B. Jacoby
Ice Cube Bonds: Allocating The Price Of Process In Chapter 11 Bankruptcy, Edward J. Janger, M. B. Jacoby
Faculty Scholarship
No abstract provided.
Reciprocity Comity, Edward Janger
Virtual Territoriality, Edward J. Janger
Virtual Territoriality, Edward J. Janger
Demand-Side Gatekeepers In The Market For Home Loans, Edward J. Janger, Susan Block-Lieb
Demand-Side Gatekeepers In The Market For Home Loans, Edward J. Janger, Susan Block-Lieb
Faculty Scholarship
No abstract provided.
Universal Proceduralism, Edward J. Janger
The Myth Of The Rational Borrower: Behaviorism, Rationality And The Misguided Reform Of Bankruptcy Law, Edward J. Janger, Susan Block-Lieb
The Myth Of The Rational Borrower: Behaviorism, Rationality And The Misguided Reform Of Bankruptcy Law, Edward J. Janger, Susan Block-Lieb
Faculty Scholarship
No abstract provided.
The Death Of Secured Lending, Edward J. Janger
The Death Of Secured Lending, Edward J. Janger
Faculty Scholarship
No abstract provided.
The Reliance Interest In Insolvency Law: A Response To Harris And Mooney, Edward J. Janger
The Reliance Interest In Insolvency Law: A Response To Harris And Mooney, Edward J. Janger
Faculty Scholarship
No abstract provided.
The Death Of Secured Lending, Edward J. Janger
The Death Of Secured Lending, Edward J. Janger
Faculty Scholarship
No abstract provided.
Muddy Property: Generating And Protecting Information Privacy Norms In Bankruptcy, Edward J. Janger
Muddy Property: Generating And Protecting Information Privacy Norms In Bankruptcy, Edward J. Janger
Faculty Scholarship
No abstract provided.
Muddy Property: Generating And Protecting Information Privacy Norms In Bankruptcy, Edward J. Janger
Muddy Property: Generating And Protecting Information Privacy Norms In Bankruptcy, Edward J. Janger
Faculty Scholarship
No abstract provided.
Muddy Rules For Securitization Transactions, Edward J. Janger
Muddy Rules For Securitization Transactions, Edward J. Janger
Faculty Scholarship
No abstract provided.
Crystals And Mud In Bankruptcy Law: Judicial Competence And Statutory Design, Edward J. Janger
Crystals And Mud In Bankruptcy Law: Judicial Competence And Statutory Design, Edward J. Janger
Faculty Scholarship
No abstract provided.
The Locus Of Lawmaking: Uniform State Law, Federal Law, And Bankruptcy Reform, Edward J. Janger
The Locus Of Lawmaking: Uniform State Law, Federal Law, And Bankruptcy Reform, Edward J. Janger
Faculty Scholarship
No abstract provided.
The Locus Of Lawmaking: Uniform State Law, Federal Law, And Bankruptcy Reform, Edward J. Janger
The Locus Of Lawmaking: Uniform State Law, Federal Law, And Bankruptcy Reform, Edward J. Janger
Faculty Scholarship
No abstract provided.
Brandeis, Progressivism, And Commercial Law: Rethinking Benedict V. Ratner, Edward J. Janger
Brandeis, Progressivism, And Commercial Law: Rethinking Benedict V. Ratner, Edward J. Janger
Faculty Scholarship
No abstract provided.
Strategies For Preserving The Bankruptcy Trustee's Avoidance Power Against States After Seminole Tribe, Edward J. Janger
Strategies For Preserving The Bankruptcy Trustee's Avoidance Power Against States After Seminole Tribe, Edward J. Janger
Faculty Scholarship
No abstract provided.
Strategies For Preserving The Bankruptcy Trustee's Avoidance Power Against States After Seminole Tribe, Edward J. Janger
Strategies For Preserving The Bankruptcy Trustee's Avoidance Power Against States After Seminole Tribe, Edward J. Janger
Faculty Scholarship
No abstract provided.
The Fdic's Fraudulent Conveyance Power Under The Crime Control Act Of 1990: Bank Insolvency Law And The Politics Of The Iron Triangle, Edward J. Janger
The Fdic's Fraudulent Conveyance Power Under The Crime Control Act Of 1990: Bank Insolvency Law And The Politics Of The Iron Triangle, Edward J. Janger
Faculty Scholarship
No abstract provided.
The Election Of Directors And Chapter 11--The Second Circuit Tells Stockholders To Walk Softly And Carry A Big Lever, Michael A. Gerber
The Election Of Directors And Chapter 11--The Second Circuit Tells Stockholders To Walk Softly And Carry A Big Lever, Michael A. Gerber
Faculty Scholarship
No abstract provided.
"Value" Judgments: Accounts Receivable Financing And Voidable Preference Under The New Bankruptcy Code, Neil B. Cohen
"Value" Judgments: Accounts Receivable Financing And Voidable Preference Under The New Bankruptcy Code, Neil B. Cohen
Faculty Scholarship
No abstract provided.