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Articles 2221 - 2250 of 3935
Full-Text Articles in Bankruptcy Law
Means Testing: The Failed Bankruptcy Revolution Of 2005, David G. Carlson
Means Testing: The Failed Bankruptcy Revolution Of 2005, David G. Carlson
Articles
The monumental bankruptcy amendments of 2005 made means testing the very center of the attempt to restore discipline to consumer spending. Yet, one year of practical experiences shows that either the means test either promotes bankruptcy abuse, or it is meanginless, depending on whether courts think the mechanical means test pre-empts pre-2005 law, or whether it merely supplements it. This article explores the means test in details, shows why it is a flop, and what the courts have made of it so far.
Keeping The Faith: The Rights Of Parishioners In Church Reorganizations, Theresa J. Pulley Radwan
Keeping The Faith: The Rights Of Parishioners In Church Reorganizations, Theresa J. Pulley Radwan
Washington Law Review
Faced with significant potential liability to victims of sexual abuse at the hands of church personnel, four archdioceses and dioceses of the Roman Catholic Church have filed for Chapter 11 bankruptcy protection. The bankruptcy proceedings present a multitude of novel issues, including valuation of tort claims against the church and determination of the property available to pay those claims. While each issue has the potential to affect parishioners of the church, the issue of property ownership may have a particularly strong effect. Under both canon law and state incorporation statutes, an archdiocese or diocese owns all assets of its churches. …
Keeping The Faith: The Rights Of Parishioners In Church Reorganizations, Theresa J. Pulley Radwan
Keeping The Faith: The Rights Of Parishioners In Church Reorganizations, Theresa J. Pulley Radwan
Washington Law Review
Faced with significant potential liability to victims of sexual abuse at the hands of church personnel, four archdioceses and dioceses of the Roman Catholic Church have filed for Chapter 11 bankruptcy protection. The bankruptcy proceedings present a multitude of novel issues, including valuation of tort claims against the church and determination of the property available to pay those claims. While each issue has the potential to affect parishioners of the church, the issue of property ownership may have a particularly strong effect. Under both canon law and state incorporation statutes, an archdiocese or diocese owns all assets of its churches. …
Yukos Risk: The Double Edged Sword, Joseph Tanega, Dmitry Gololobov
Yukos Risk: The Double Edged Sword, Joseph Tanega, Dmitry Gololobov
ExpressO
Abstract The article focuses on elucidating the meaning of Yukos risk mainly in terms of corporate bankruptcy litigation in multiple jurisdictions, including, the U.S., U.K., The Netherlands, and Russia. The emphasis is on understanding the various legal theories and the court decisions reached so far in this continuing legal saga.
Of Cabbages And Cabotage: The Case For Opening Up The U.S. Airline Industry To International Competition, Robert M. Hardaway
Of Cabbages And Cabotage: The Case For Opening Up The U.S. Airline Industry To International Competition, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
This article attempts to show that the economic advantages of free trade in the airline industry is no less than other industries, but also that the reasons posited for the rejection of free trade do not stand up to comprehensive analysis. Proposed herein is the adoption of "cabotage," defined by the Standard Dictionary of the English language as "air transport of passengers and goods within the same national territory. ' The definition adopted by International Civil Aviation Organization (ICAO) at the Chicago Convention is, "Each state shall have the right to refuse permission to the aircraft of other contracting states …
Reinstatement V. Cramdown: Do Secured Creditors Win Or Lose?, Heather Lennox, Michelle M. Harner, Eric R. Goodman
Reinstatement V. Cramdown: Do Secured Creditors Win Or Lose?, Heather Lennox, Michelle M. Harner, Eric R. Goodman
Faculty Scholarship
No abstract provided.
Asset-Backed Securitization In China, Yuwa Wei
Asset-Backed Securitization In China, Yuwa Wei
Richmond Journal of Global Law & Business
No abstract provided.
The Law Of Unintended Consequences, Margaret Howard
The Law Of Unintended Consequences, Margaret Howard
Scholarly Articles
My purpose is to talk about the 2005 Amendments and how things are going with the new provisions. But where do you start, with a bad law? We could start with the enactment process, but that's old news now. And besides,you've already heard the line: "Some members of Congress could not be bought; for everyone else there was MasterCard." We could talk about the policy choices, and the 2005 Amendments clearly represent a shift in that respect--perhaps in the category of "seismic" or "cataclysmic."
Your Licensor Has A License To Kill, And It May Be Yours: Why The Ninth Circuit Should Resist Bankruptcy Law That Threatens Intellectual Property Licensing Rights, Jon Minear
Seattle University Law Review
In recent opinions, the U.S. Court of Appeals for the Seventh Circuit has interpreted the Bankruptcy Code ("the Code") in a manner that makes inaction or ignorance perilous for IP licensees whose licensor declares bankruptcy. Although Congress amended the Code to protect a licensee from losing technology rights in these situations, the Seventh Circuit has narrowly interpreted a strikingly similar bankruptcy provision involving real-estate leases and, in doing so, has cast doubt on the efficacy of the licensee protections found in section 365(n) of the Code. In addition, this circuit has broadly interpreted another Code section dealing with title-clearing sales …
Casenote: The Emerald Casino Fiasco, 40 J. Marshall L. Rev. 1305 (2007), Cory Aronovitz, Jon Topolewski
Casenote: The Emerald Casino Fiasco, 40 J. Marshall L. Rev. 1305 (2007), Cory Aronovitz, Jon Topolewski
UIC Law Review
No abstract provided.
Center Of Main Interests, International Insolvency Case Venue, And Equality Of Arms: The Eurofood Decision Of The European Court Of Justice, Samuel L. Bufford
Center Of Main Interests, International Insolvency Case Venue, And Equality Of Arms: The Eurofood Decision Of The European Court Of Justice, Samuel L. Bufford
Northwestern Journal of International Law & Business
The European Court of Justice ("E.C.J.") issued a ruling on May 2, 2006 in the Eurofood case, finding that the commencement of an insolvency case for Eurofood in Ireland gave the Irish court priority under E.U. law over a similar insolvency case commenced shortly thereafter in Italy. The E.C.J.'s ruling responded to the Supreme Court of Ireland's referral to the E.C.J. of five questions of E.U. law based on the E.U. Regulation on Insolvency Proceedings ("E.U. Regulation"). The Irish Supreme Court had referred these questions to the E.C.J. preliminary to deciding a pending appeal of the Dublin High Court's decision …
Representing Victims Of Domestic Violence In Property Distribution Proceedings After The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005, Elizabeth Brandt
Representing Victims Of Domestic Violence In Property Distribution Proceedings After The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005, Elizabeth Brandt
Articles
No abstract provided.
The Citx Decision: Has The Tort Of Deepening Insolvency Gone Bankrupt, Ian T. Mahoney
The Citx Decision: Has The Tort Of Deepening Insolvency Gone Bankrupt, Ian T. Mahoney
Villanova Law Review (1956 - )
No abstract provided.
Directors' Duties In Failing Firms, Kelli A. Alces, Larry E. Ribstein
Directors' Duties In Failing Firms, Kelli A. Alces, Larry E. Ribstein
Scholarly Publications
Despite many cases with seemingly contrary dicta, corporate directors of failing firms do not have special duties to creditors. This follows from the nature of fiduciary duties and the business judgment rule. Under the business judgment rule, the directors have broad discretion to decide what to do and in whose interests to act. There is some authority for a limited creditor right to sue on behalf of the corporation to enforce this duty. However, any such right does not make the duty one owed to creditors. The creditors individually may sue the corporation for breach of specific contractual, tort, and …
Relief In The Boardroom: How The Third Circuit's Citx Decision Weakened Deepening Insolvency As An Independent Cause Of Action, Brya M. Keilson
Relief In The Boardroom: How The Third Circuit's Citx Decision Weakened Deepening Insolvency As An Independent Cause Of Action, Brya M. Keilson
Villanova Law Review (1956 - )
No abstract provided.
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - Presentation Of Much Ado About Little? Directors' Fiduciary Duties In The Vicinity Of Insolvency, Stephen M. Bainbridge
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - Presentation Of Much Ado About Little? Directors' Fiduciary Duties In The Vicinity Of Insolvency, Stephen M. Bainbridge
Journal of Business & Technology Law
No abstract provided.
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - Comparative & International Perspectives, Andres Engert, Reid Feldman, Pamela L.J. Huff, Donna W. Mckenzie-Skene
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - Comparative & International Perspectives, Andres Engert, Reid Feldman, Pamela L.J. Huff, Donna W. Mckenzie-Skene
Journal of Business & Technology Law
No abstract provided.
Much Ado About Little? Directors' Fiduciary Duties In The Vicinity Of Insolvency, Stephen M. Bainbridge
Much Ado About Little? Directors' Fiduciary Duties In The Vicinity Of Insolvency, Stephen M. Bainbridge
Journal of Business & Technology Law
No abstract provided.
The Duty To Creditors Reconsidered - Filling A Much Needed Gap In Corporation Law, Richard A. Booth
The Duty To Creditors Reconsidered - Filling A Much Needed Gap In Corporation Law, Richard A. Booth
Journal of Business & Technology Law
No abstract provided.
Directors' Duty To Creditors Of A Financially Distressed Company: A Perspective From Across The Pond, Donna W. Mckenzie-Skene
Directors' Duty To Creditors Of A Financially Distressed Company: A Perspective From Across The Pond, Donna W. Mckenzie-Skene
Journal of Business & Technology Law
No abstract provided.
Gap Filling In The Zone Of Insolvency, Frederick Tung
Gap Filling In The Zone Of Insolvency, Frederick Tung
Journal of Business & Technology Law
No abstract provided.
Directors' Duty To Creditors And The Debt Contract, Simone M. Sepe
Directors' Duty To Creditors And The Debt Contract, Simone M. Sepe
Journal of Business & Technology Law
No abstract provided.
From Production Resources To Peoples Department Stores: A Similar Response By Delaware And Canadian Courts On The Fiduciary Duties Of Directors To Creditors Of Insolvent Companies, Pamela L.J. Huff, Russell C. Silberglied
From Production Resources To Peoples Department Stores: A Similar Response By Delaware And Canadian Courts On The Fiduciary Duties Of Directors To Creditors Of Insolvent Companies, Pamela L.J. Huff, Russell C. Silberglied
Journal of Business & Technology Law
No abstract provided.
The Maxwell Case, John A. E. Pottow
The Maxwell Case, John A. E. Pottow
Book Chapters
This chapter will provide some broader context regarding the famous Maxwell Communication bankruptcy, which is one of the most significant cross-border insolvency precedents to date.1 It does so by first looking at Bob Maxwell's life and business in roughly chronological stages (the good, the bad, and the ugly). It then explores the insolvency proceedings that bear his name (the beautiful) and one specific litigation action within those proceedings of particular importance (the exquisite). Finally, it offers some brief reflection on what the Maxwell case may have taught us (the sublime).
Bankruptcy Fire Sales, Lynn M. Lopucki, Joseph W. Doherty
Bankruptcy Fire Sales, Lynn M. Lopucki, Joseph W. Doherty
UF Law Faculty Publications
For more than two decades, scholars working from an economic perspective have criticized the bankruptcy reorganization process and sought to replace it with market mechanisms. In 2002, Professors Douglas G. Baird and Robert K. Rasmussen asserted in The End of Bankruptcy, an article published in the Stanford Law Review, that improvements in the market for large, public companies had rendered reorganization obsolete. Going concern value could be captured through sale. This article reports the results of an empirical study comparing the recoveries in bankruptcy sales of large public companies in the period 2000-2004 with the recoveries in bankruptcy reorganizations during …
Corporate Form And Substantive Consolidation, William H. Widen
Corporate Form And Substantive Consolidation, William H. Widen
Articles
No abstract provided.
The Spearing Tool Filing System Disaster, Lynn M. Lopucki
The Spearing Tool Filing System Disaster, Lynn M. Lopucki
UF Law Faculty Publications
Debtor name errors have been a substantial and persistent problem for filers and searchers in the Uniform Commercial Code Article 9 filing system. Filers make errors in spelling, punctuation, and spacing, use trade names, and include extraneous words. The law prior to 2001 excused such errors if they were minor and not seriously misleading. That put the burden on searchers to conduct reasonable diligent searches to find erroneous filings. The effect was to render all searches problematic and costly. The drafters of revised Article 9 conceived a brilliant solution to the problem with respect to corporate debtors (registered entities). First, …
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - History & Background, Royce De R. Barondes, Lisa Fairfax, Lawrence A. Hamermesh, Robert Lawless
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - History & Background, Royce De R. Barondes, Lisa Fairfax, Lawrence A. Hamermesh, Robert Lawless
Journal of Business & Technology Law
No abstract provided.
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - Theory And Policy, Kelli A. Alces, Larry E. Ribstein, Alan Schwartz, Simone M. Sepe
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - Theory And Policy, Kelli A. Alces, Larry E. Ribstein, Alan Schwartz, Simone M. Sepe
Journal of Business & Technology Law
No abstract provided.
Bankruptcy Pro Bono Representation Of Consumers: The Seven Deadly Sins, Nancy B. Rapoport, Roland Bernier Iii
Bankruptcy Pro Bono Representation Of Consumers: The Seven Deadly Sins, Nancy B. Rapoport, Roland Bernier Iii
Scholarly Works
This article attempts to walk the reader through the morass left by BAPCPA, using the seven deadly sins as its motif.