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Articles 31 - 60 of 83
Full-Text Articles in Bankruptcy Law
Overoptimism And Overborrowing, Richard M. Hynes
Overoptimism And Overborrowing, Richard M. Hynes
Faculty Publications
No abstract provided.
Non-Procrustean Bankruptcy, Richard M. Hynes
Non-Procrustean Bankruptcy, Richard M. Hynes
Faculty Publications
Many advocates of bankruptcy reform bristle at aspects of the bankruptcy system they find distributively "unfair." These scholars point to the instances in which wealthy debtors have been able to retain million-dollar homes and luxury items, examples which at first glance might offend any reasonable sense of decency or fairness. Yet if bankruptcy provides insurance otherwise unavailable because of market failures, then an ideal bankruptcy system would embrace much of this inequality in post-bankruptcy standards of living. The wealthy generally choose private contracts that ensure their high standards of living. Though others envy these benefits, they do not wish to …
Behavioral Approach To Analyzing Corporate Failures, A. Mechele Dickerson
Behavioral Approach To Analyzing Corporate Failures, A. Mechele Dickerson
Faculty Publications
Recent corporate failures indicate that existing laws fail to give boards of directors adequate incentives to acknowledge that some financially troubled firms simply cannot be salvaged. Relying primarily on insights from law and behavioral science literature, this Article notes that directors have a natural tendency to underestimate risks and overestimate their ability to save an insolvent or near insolvent firm. This Article urges the imposition of a duty to file a timely bankruptcy petition because such a duty will encourage directors to consider the interests of all the firms' constituents, including workers, creditors, and the local community, when making decisions …
Approving Employee Retention And Severance Programs Judicial Discretion Run Amuck, A. Mechele Dickerson
Approving Employee Retention And Severance Programs Judicial Discretion Run Amuck, A. Mechele Dickerson
Faculty Publications
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
William & Mary Law Review
Bankruptcy law does not deal well with website promises to protect personal information. The legal treatment of privacy policies in bankruptcy currently turns on whether such policies are viewed as creating contract rights or property rights. Neither characterization fits well, and any attempt to shoehorn information privacy into either category has significant costs. Contract obligations are subject to discharge in bankruptcy, and any consumer expectations of privacy (contractual or otherwise) are likely to be defeated. By contrast, if personal information is deemed property of the website customer, information transfers that might benefit consumers will be stifled. This Article develops an …
Confusion And Solution: Chapter 11 Bankruptcy Trustee's Standard Of Care For Personal Liability, David P. Primack
Confusion And Solution: Chapter 11 Bankruptcy Trustee's Standard Of Care For Personal Liability, David P. Primack
William & Mary Law Review
No abstract provided.
Optimal Bankruptcy In A Non-Optimal World, Richard M. Hynes
Optimal Bankruptcy In A Non-Optimal World, Richard M. Hynes
Faculty Publications
Consumer bankruptcy insures individuals against misfortune. Like other forms of insurance, bankruptcy reduces an individual's incentive to guard against misfortune and provides her with an incentive to overstate her need for relief. The "first-best," or optimal, bankruptcy system, like the first-best tax or public assistance system, solves these moral hazards without any loss of efficiency. In bankruptcy, this first-best approach would deny relief to debtors responsible for their own distress and reduce the deserving debtors' obligations to an amount commensurate with their ability to pay. While the Bankruptcy Code tries (in part) to follow this first-best approach, such a utopian …
Will Big Tobacco Seek Bankruptcy Protection? A $145 Billion Verdict Poses The Question, Mark Gottlieb, Richard A. Daynard
Will Big Tobacco Seek Bankruptcy Protection? A $145 Billion Verdict Poses The Question, Mark Gottlieb, Richard A. Daynard
William & Mary Environmental Law and Policy Review
No abstract provided.
Bankruptcy Reform: Does The End Justify The Means?, A. Mechele Dickerson
Bankruptcy Reform: Does The End Justify The Means?, A. Mechele Dickerson
Faculty Publications
No abstract provided.
On The Nature Of Federal Bankruptcy Jurisdiction: A General Statutory And Constitutional Theory, Ralph Brubaker
On The Nature Of Federal Bankruptcy Jurisdiction: A General Statutory And Constitutional Theory, Ralph Brubaker
William & Mary Law Review
No abstract provided.
America's Uneasy Relationship With The Working Poor, A. Mechele Dickerson
America's Uneasy Relationship With The Working Poor, A. Mechele Dickerson
Faculty Publications
No abstract provided.
Can Shame, Guilt, Or Stigma Be Taught? Why Credit-Focused Debtor Education May Not Work, A. Mechele Dickerson
Can Shame, Guilt, Or Stigma Be Taught? Why Credit-Focused Debtor Education May Not Work, A. Mechele Dickerson
Faculty Publications
No abstract provided.
From Jeans To Genes: The Evolving Nature Of Property Of The Estate, A. Mechele Dickerson
From Jeans To Genes: The Evolving Nature Of Property Of The Estate, A. Mechele Dickerson
Faculty Publications
No abstract provided.
If You Don't Have Anything Good To Say..., Peter A. Alces
If You Don't Have Anything Good To Say..., Peter A. Alces
Faculty Publications
No abstract provided.
The Rotten Foundations Of Securitization, David Gray Carlson
The Rotten Foundations Of Securitization, David Gray Carlson
William & Mary Law Review
No abstract provided.
To Love, Honor, And (Oh) Pay: Should Spouses Be Forced To Pay Each Other's Debts?, A. Mechele Dickerson
To Love, Honor, And (Oh) Pay: Should Spouses Be Forced To Pay Each Other's Debts?, A. Mechele Dickerson
Faculty Publications
No abstract provided.
Family Values And The Bankruptcy Code: A Proposal To Eliminate Bankruptcy Benefits Awarded On The Basis Of Marital Status, A. Mechele Dickerson
Family Values And The Bankruptcy Code: A Proposal To Eliminate Bankruptcy Benefits Awarded On The Basis Of Marital Status, A. Mechele Dickerson
Faculty Publications
No abstract provided.
What Should You Notice When You Get Notice?: Undiscovered But Discoverable Environmental Claims In Bankruptcy, Royanne Kashiwahara Doi, H. Hammer Hill
What Should You Notice When You Get Notice?: Undiscovered But Discoverable Environmental Claims In Bankruptcy, Royanne Kashiwahara Doi, H. Hammer Hill
William & Mary Environmental Law and Policy Review
No abstract provided.
Lifestyles Of The Not-So-Rich Or Famous: The Role Of Choice And Sacrifice In Bankruptcy, A. Mechele Dickerson
Lifestyles Of The Not-So-Rich Or Famous: The Role Of Choice And Sacrifice In Bankruptcy, A. Mechele Dickerson
Faculty Publications
No abstract provided.
"Cramdown" Confirmation Of Single-Asset Debtor Reorganization Plans Through Separate Classification Of The Deficiency Claim - How In Re U.S. Truck Co. Was Run Off The Road, King F. Tower
William & Mary Law Review
No abstract provided.
The Continuing Puzzle Of Collective Bargaining Agreements In Bankruptcy, Daniel Keating
The Continuing Puzzle Of Collective Bargaining Agreements In Bankruptcy, Daniel Keating
William & Mary Law Review
No abstract provided.
The Direct Action Against Insurers In Cercla Insolvency Cases: An Ideal Whose Time Has Come?, Peter R. Mounsey
The Direct Action Against Insurers In Cercla Insolvency Cases: An Ideal Whose Time Has Come?, Peter R. Mounsey
William & Mary Environmental Law and Policy Review
No abstract provided.
No Fault Equitable Subordination: Reassuring Investors That Only Government Penalty Claims Are At Risk, Scott M. Browning
No Fault Equitable Subordination: Reassuring Investors That Only Government Penalty Claims Are At Risk, Scott M. Browning
William & Mary Law Review
No abstract provided.
Rethinking Professor Westbrook's Two Thoughts About Insider Preferences, Peter A. Alces
Rethinking Professor Westbrook's Two Thoughts About Insider Preferences, Peter A. Alces
Faculty Publications
No abstract provided.
Clearer Conceptions Of Insider Preferences, Peter A. Alces
Clearer Conceptions Of Insider Preferences, Peter A. Alces
Faculty Publications
No abstract provided.
Value And Rationality In Bankruptcy Decisionmaking, Donald R. Korobkin
Value And Rationality In Bankruptcy Decisionmaking, Donald R. Korobkin
William & Mary Law Review
No abstract provided.
Premerger Review And Bankruptcy: The Meaning Of Section 363(B)(2), Robert B. Greenbaum, Alan J. Meese
Premerger Review And Bankruptcy: The Meaning Of Section 363(B)(2), Robert B. Greenbaum, Alan J. Meese
Popular Media
No abstract provided.
Chapter 13'S Liberal Discharge Provisions And "Willful And Malicious" Tort Judgments: Creditor Classification As A Means Of Accounting For The Debtor's Egregious Action, Robert L. Miller
William & Mary Law Review
No abstract provided.
Editor's Notes, Peter A. Alces
The 1978 Bankruptcy Reform Act's Police Or Regulatory Power Exemption To The Automatic Stay: Unnecessary, Unfounded, And Unrestrained, Robert E. Korroch
The 1978 Bankruptcy Reform Act's Police Or Regulatory Power Exemption To The Automatic Stay: Unnecessary, Unfounded, And Unrestrained, Robert E. Korroch
William & Mary Law Review
No abstract provided.