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Articles 421 - 422 of 422
Full-Text Articles in Bankruptcy Law
Of Grinches, Alchemy And Disinterestedness: The Commission's Magically Disappearing Conflicts Of Interest, G. Ray Warner
Of Grinches, Alchemy And Disinterestedness: The Commission's Magically Disappearing Conflicts Of Interest, G. Ray Warner
Faculty Publications
(Excerpt)
Christmas 1997 has come and gone. Santa, in the form of the National Bankruptcy Review Commission, delivered lots of shiny new toys to the children of bankruptcyland. A few got only switches and lumps of coal, and all of the children wondered whether their new toys would really work.
Mary Megafirm had wanted only one thing from Santa. Over the years, she had grown bigger and bigger, and by now she had pretty much outgrown the old professional qualification rules. She had never much liked that nasty and bothersome "disinterestedness" standard, but in recent years the disinterestedness standard was …
Rotten To The "Core": An Essay On Juries, Jurisdiction And Granfinanciera, G. Ray Warner
Rotten To The "Core": An Essay On Juries, Jurisdiction And Granfinanciera, G. Ray Warner
Faculty Publications
(Excerpt)
Like a worm in an apple, the recent Granfinanciera, S.A. v. Nordberg decision has eaten away the article III heart of the current bankruptcy jurisdictional scheme while leaving nothing more than a seventh amendment blemish on the surface.
Granfinanciera ostensibly involves only the question whether Congress may, consistent with the seventh amendment jury trial guarantee, bar trial by jury in a fraudulent conveyance action brought in the bankruptcy court. The Court, however, converts the issue into an article III delegation question by equating Congress' power to override the seventh amendment with its power to delegate matters to non-article III …