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Articles 31 - 45 of 45
Full-Text Articles in Bankruptcy Law
Pensioners, Bondholders, And Unfair Discrimination In Municipal Bankruptcy, Andrew B. Dawson
Pensioners, Bondholders, And Unfair Discrimination In Municipal Bankruptcy, Andrew B. Dawson
Articles
Detroit recently confirmed its plan of debt adjustment under which the city has endeavored to adjust its pension obligations. The court's confirmation order and oral opinion on the record present what is perhaps the most significant decision regarding a key question facing any city attempting to adjust pensions in bankruptcy: can a city propose to pay its pension claimants significantly more than its other unsecured creditors? This question involves interpreting the Bankruptcy Code's unfair discrimination rule.
The Detroit bankruptcy court applied a novel interpretation of unfair discrimination, eschewing the relatively thin body of case law interpreting this rule, and suggesting …
The Case For "Cramdown": Eliminating The Practical And Ideological Barriers To Pure Mortgage Modification, Peter J. Leo
The Case For "Cramdown": Eliminating The Practical And Ideological Barriers To Pure Mortgage Modification, Peter J. Leo
University of Miami Business Law Review
No abstract provided.
Collective Bargaining Agreements In Corporate Reorganizations, Andrew B. Dawson
Collective Bargaining Agreements In Corporate Reorganizations, Andrew B. Dawson
Articles
Congress enacted § 1113 to the Bankruptcy Code in 1984 in order to establish a standard for the rejection of Collective Bargaining Agreements. But the statute's ambiguous language has caused a split between the Second and Third Circuits, and has precipitated a lengthy academic debate largely centered on the interpretation of one word: "necessary." This debate has focused on proper statutory interpretation as well as deeper concerns regarding the policy goals behind the Bankruptcy Code. The present study reports data that indicate that the different interpretations are irrelevant in practice. No matter how "necessary" is defined, the result is always …
Calling All Debtors, Want To Defraud Your Creditors? Here Is How: The Tenancy By The Entirety Loophole And The Nullification Of Section 522(O), (P), And (Q) Of The 2005 Bankruptcy Amendments, Leigh J. Francis
University of Miami Business Law Review
No abstract provided.
Report To The American Bankruptcy Institute: Prevalence Of Substantive Consolidation In Large Public Company Bankruptcies From 2000 To 2005, William H. Widen
Report To The American Bankruptcy Institute: Prevalence Of Substantive Consolidation In Large Public Company Bankruptcies From 2000 To 2005, William H. Widen
Articles
No abstract provided.
Corporate Form And Substantive Consolidation, William H. Widen
Corporate Form And Substantive Consolidation, William H. Widen
Articles
No abstract provided.
Prevalence Of Substantive Consolidation In Large Bankruptcies From 2000 To 2004: Preliminary Results, William H. Widen
Prevalence Of Substantive Consolidation In Large Bankruptcies From 2000 To 2004: Preliminary Results, William H. Widen
Articles
No abstract provided.
Enron At The Margin, William H. Widen
Letters Of Credit, Voidable Preferences, And The Independence Principle, William H. Widen, David Gray Carlson
Letters Of Credit, Voidable Preferences, And The Independence Principle, William H. Widen, David Gray Carlson
Articles
No abstract provided.
The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, William H. Widen, David Gray Carlson
The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, William H. Widen, David Gray Carlson
Articles
No abstract provided.
The Treatment Of Net Rents In Bankruptcy-Adequate Protection, Payment Of Interest, Return Of Collateral, Or Reduction Of Debt, Craig H. Averch, Blake L. Berryman, Michael J. Collins
The Treatment Of Net Rents In Bankruptcy-Adequate Protection, Payment Of Interest, Return Of Collateral, Or Reduction Of Debt, Craig H. Averch, Blake L. Berryman, Michael J. Collins
University of Miami Law Review
No abstract provided.
Bankruptcy's Effect On Environmental Claims: Should Involuntary Environmental Creditors Be Entitled To Non-Dischargeable Super-Priority Creditor Status?, Richard H. Golubow
Bankruptcy's Effect On Environmental Claims: Should Involuntary Environmental Creditors Be Entitled To Non-Dischargeable Super-Priority Creditor Status?, Richard H. Golubow
University of Miami Business Law Review
No abstract provided.
A Void In Avoidance Powers? The Bankruptcy Trustee's Inability To Assert Damages Claims On Behalf Of Creditors Against Third Parties, Bryan D. Hull
A Void In Avoidance Powers? The Bankruptcy Trustee's Inability To Assert Damages Claims On Behalf Of Creditors Against Third Parties, Bryan D. Hull
University of Miami Law Review
No abstract provided.
Postpetition Interest Under The Bankruptcy Code, David Gray Carlson
Postpetition Interest Under The Bankruptcy Code, David Gray Carlson
University of Miami Law Review
No abstract provided.
Postpetition Transfers In Bankruptcy, Darrell W. Dunham
Postpetition Transfers In Bankruptcy, Darrell W. Dunham
University of Miami Law Review
No abstract provided.