Open Access. Powered by Scholars. Published by Universities.®

Bankruptcy Law Commons

Open Access. Powered by Scholars. Published by Universities.®

University of Miami Law School

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 31 - 45 of 45

Full-Text Articles in Bankruptcy Law

Pensioners, Bondholders, And Unfair Discrimination In Municipal Bankruptcy, Andrew B. Dawson Jan 2014

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 Jul 2011

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 Jan 2010

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 Jan 2010

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 Apr 2008

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 Jan 2007

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 Apr 2006

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 May 2003

Enron At The Margin, William H. Widen

Articles

No abstract provided.


Letters Of Credit, Voidable Preferences, And The Independence Principle, William H. Widen, David Gray Carlson Aug 1999

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 Jul 1999

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 Apr 1994

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 Apr 1993

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 Nov 1991

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 Jan 1989

Postpetition Interest Under The Bankruptcy Code, David Gray Carlson

University of Miami Law Review

No abstract provided.


Postpetition Transfers In Bankruptcy, Darrell W. Dunham Nov 1984

Postpetition Transfers In Bankruptcy, Darrell W. Dunham

University of Miami Law Review

No abstract provided.