Bankruptcy Law Commons^™

The Bankruptcy Off-Ramp From Complex Civil Litigation: Purdue Pharma, Opioids, And Unorthodox Civil Procedure In Public Harms Cases, Abbe R. Gluck

Indiana Law Journal

For civil procedure scholars, bankruptcy has become exciting. Last year, the United States Supreme Court decided for the first time a case that implicated both the core of the national opioids litigation and one of the most important developments in modern civil procedure—namely, the enormous amount of unorthodox procedural innovation that is happening in the courts as parties strive to reach global settlement.

The decision, Harrington v. Purdue L.P., took almost seven months despite the grant of expedited review—an indication that the result was likely not easily reached. In June 2024, the Court, voting five to four, reversed the Second …

The Settlement Trap, Lindsey Simon

Indiana Law Journal

Mass tort victims often wait years for resolution of their personal injury claims, but many who successfully navigate this arduous process will not receive a single dollar of their settlement award. According to applicable bankruptcy and state law, settlement payments may be an asset of the estate that the trustee, exercising its significant authority, administers and distributes to creditors instead of a claimant who had filed for bankruptcy. This distribution power maximizes repayment, a critical counterbalance to the robust protections and benefits that debtors receive in bankruptcy.

Setting aside the perceived unfairness of taking desperately needed money from tort victims, …

Consent To Student Loan Bankruptcy Discharge, John P. Hunt

Indiana Law Journal

As the Department of Education reconsiders its rules governing consent to discharge of federal student loans in bankruptcy, this Article argues for the first time that the Department should approach the problem specifically as an operator of programs to promote education and benefit students, rather than as an entity interested only in debt collection. This Article shows that the Department’s rules to date have treated whether to consent to discharge primarily as a pecuniary issue, without regard to the educational goals of the student loan programs. For example, the Department apparently has never considered whether making it difficult to discharge …

Reforming Institutions: The Judicial Function In Bankruptcy And Public Law Litigation, Kathleen G. Noonan, Jonathan C. Lipson, William Simon

Indiana Law Journal

Public law litigation (PLL) is among the most important and controversial types of dispute that courts face. These civil class actions seek to reform public agencies such as police departments, prison systems, and child welfare agencies that have failed to meet basic statutory or constitutional obligations. They are controversial because critics assume that judicial intervention is categorically undemocratic or beyond judicial expertise.

This Article reveals flaws in these criticisms by comparing the judicial function in PLL to that in corporate bankruptcy, where the value and legitimacy of judicial intervention are better understood and more accepted. Our comparison shows that judicial …

Staying True To Purpose: Including Corporate Debtors Under § 362(H) Of The Federal Bankruptcy Code, D. Casey Kobi

Indiana Law Journal

No abstract provided.

Hidden In Plain View: The Pension Shield Against Creditors, Patricia E. Dilley

Indiana Law Journal

No abstract provided.

The Bankruptcy Crisis, Elizabeth Warren

Indiana Law Journal

No abstract provided.

On Considering The Public Interest In Bankruptcy: Looking To The Railroads For Answers, Julie A. Veach

Indiana Law Journal

No abstract provided.

Seeing The Forest And The Trees: The Proper Role Of The Bankruptcy Attorney, Nancy B. Rapoport

Indiana Law Journal

No abstract provided.

Fresh Start, False Start, Or Head Start?, Douglass Boshkoff

Indiana Law Journal

No abstract provided.

Bankruptcy, Lenity, And The Statutory Interpretation Of Cognate Civil And Criminal Statutes, Bruce A. Markell

Indiana Law Journal

No abstract provided.

Attorney's Fees In Chapter 11 Reorganization: A Case For Modified Procedures, Brenda Hacker Osborne

Indiana Law Journal

No abstract provided.

Property Of The Bankruptcy Estate After A Conversion From Chapter 13 To Chapter 7: The Need For A Definite Answer, Robert J. Volpi

Indiana Law Journal

No abstract provided.

Environmental Impediments To Bankruptcy Reorganizations, James K. Mcbain

Indiana Law Journal

No abstract provided.

Involuntary Bankruptcy And The Bona Fides Of A Bona Fide Dispute, Lawrence Ponoroff

Indiana Law Journal

No abstract provided.

Foreword, Frank R. Kennedy

Indiana Law Journal

Symposium: As We Forgive Our Debtors

Has The Time Come To Repeal Chapter 13?, William C. Whitford

Indiana Law Journal

Symposium: As We Forgive Our Debtors

Women In Bankruptcy And Beyond, Zipporah Batshaw Wiseman

Indiana Law Journal

Symposium: As We Forgive Our Debtors

The Role Of Empirical Data In Developing Bankruptcy Legislation For Individuals, Marjorie L. Girth

Indiana Law Journal

Symposium: As We Forgive Our Debtors

As We Forgive Our Debtors In The Classroom, Douglass Boshkoff

Indiana Law Journal

Symposium: As We Forgive Our Debtors

A Sociological Perspective On Bankruptcy, Lisa J. Mcintyre

Indiana Law Journal

Symposium: As We Forgive Our Debtors

Private Parties And Bankruptcy-Based Discrimination, Douglass Boshkoff

Indiana Law Journal

No abstract provided.

A Separate Classification For Criminal Debt In Chapter 13, Marie Adamson

Indiana Law Journal

No abstract provided.

Personal Bankruptcy Under The 1978 Bankruptcy Code: An Economic Analysis, Michelle J. White

Indiana Law Journal

No abstract provided.

The End Of Preference Liability For Unsecured Creditors: New Section 547(C)(2) Of The Bankruptcy Code, Darrell Dunham, Donald Price

Indiana Law Journal

No abstract provided.

Administration Of Entireties Property In Bankruptcy, Rodger A. Heaton

Indiana Law Journal

No abstract provided.

Treatment Of Time-Share Interests Under The Bankruptcy Code, Mark C. Eriks

Indiana Law Journal

No abstract provided.

Creditor Acquiescence As A Defense To An Exception To Discharge In Bankruptcy, Elizabeth Gavit Filipow

Indiana Law Journal

No abstract provided.

Payments To Unsecured Creditors Under Chapter 13 Of The Bankruptcy Reform Act Of 1978, Mark H. Edwards

Indiana Law Journal

No abstract provided.

Federal Exemptions And The Opt-Out Provisions Of Section 522: A Constitutional Challenge, Tracey Nicolau Bosomworth

Indiana Law Journal

No abstract provided.