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Articles 2521 - 2550 of 3935

Full-Text Articles in Bankruptcy Law

Domestic And External Debt: The Doomed Quest For Equal Treatment, Anna Gelpern, Brad Setser Jan 2004

Domestic And External Debt: The Doomed Quest For Equal Treatment, Anna Gelpern, Brad Setser

Georgetown Law Faculty Publications and Other Works

Until recently, governments borrowed from domestic residents and foreign investors using very different instruments. Residents bought "domestic debt" - paper denominated in local currency and governed by domestic law. Foreign investors preferred "external debt", which offered foreign currency and foreign law. Because there was virtually no overlap between resident and nonresident holdings, it mattered little that lawyers and economists defined domestic and external debt differently: lawyers focused on features such as governing law and jurisdiction, economists on the holder's residence and currency of denomination. The legal and economic definitions of domestic and external debt were effectively bundled: "domestic debt" meant …

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Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman Dec 2003

Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman

Rutgers Law School (Newark) Faculty Papers

In this Article, Professor Sharfman addresses the problem of "discretionary valuation": that courts resolve valuation disputes arbitrarily and unpredictably, thus harming litigants and society. As a solution, he proposes the enactment of "valuation averaging," a new procedure for resolving valuation disputes modeled on the algorithmic valuation processes often agreed to by sophisticated private firms in advance of any dispute. He argues that by replacing the discretion of judges and juries with a mechanical valuation process, valuation averaging would cause litigants to introduce more plausible and conciliatory valuations into evidence and thereby reduce the cost of valuation litigation and increase the …

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Retaining The Debtor's Attorney: Preemption Of Voidable Preference Law By Section 329(B), Ilana Kameros Chalfin Dec 2003

Retaining The Debtor's Attorney: Preemption Of Voidable Preference Law By Section 329(B), Ilana Kameros Chalfin

Cardozo Law Review

No abstract provided.

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19th Annual Environmental Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law Nov 2003

19th Annual Environmental Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 19th Annual Environmental Law Institute held by UK/CLE in November 2003.

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The Control Of Wealth In Bankruptcy, Jay L. Westbrook Oct 2003

The Control Of Wealth In Bankruptcy, Jay L. Westbrook

ExpressO

No abstract provided.

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The Lease Cap And Letters Of Credit: A Reply To Professor Dolan, Laura B. Bartell Oct 2003

The Lease Cap And Letters Of Credit: A Reply To Professor Dolan, Laura B. Bartell

Law Faculty Research Publications

In a recent article in The Banking Law Journal, Professor John Dolan argued that the limit on claims by lessors established in Section 502(b)(6) of the Bankruptcy Code precludes a lessor from recovering a greater amount under a standby letter of credit.' Therefore, he maintained, although the lessor may draw down a greater amount under the letter of credit in accordance with the independence principle, a trustee or debtor in possession may recover any amount so received in excess of the amount the lessor could have recovered directly from the lessee/debtor under the Code. Although his argument is firmly grounded …

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The Logical Structure Of Fraudulent Transfers And Equitable Subordination, David G. Carlson Oct 2003

The Logical Structure Of Fraudulent Transfers And Equitable Subordination, David G. Carlson

Articles

No abstract provided.

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The Traumatic Dimension In Law, David Gray Carlson Aug 2003

The Traumatic Dimension In Law, David Gray Carlson

Cardozo Law Review

No abstract provided.

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A Clash Of Expectations: Debtors' Disclaimers Of Property In Advance Of Bankruptcy, Kevin A. White Jun 2003

A Clash Of Expectations: Debtors' Disclaimers Of Property In Advance Of Bankruptcy, Kevin A. White

Washington and Lee Law Review

No abstract provided.

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Enron At The Margin, William H. Widen May 2003

Enron At The Margin, William H. Widen

Articles

No abstract provided.

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11th Biennial Judge Joe Lee Bankruptcy Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law May 2003

11th Biennial Judge Joe Lee Bankruptcy Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 11th Biennial Judge Joe Lee Bankruptcy Institute held May 2003.

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Children As Chattel: Invoking The Thirteenth Amendment To Reform Child Welfare, Kurt Mundorff May 2003

Children As Chattel: Invoking The Thirteenth Amendment To Reform Child Welfare, Kurt Mundorff

Cardozo Public Law, Policy & Ethics Journal

The note argues that the child welfare system perpetuates systemic oppression and commodification of children, particularly targeting African American and poor families, mirroring the exploitation of slavery. The author contends that the Thirteenth Amendment, which prohibits slavery and involuntary servitude, should be invoked to reform this system. The current system prioritizes intervention and removal over support, leading to harm and perpetuating racial and economic disparities. The author advocates for a balanced approach that protects children while addressing the systemic exploitation and racial control embedded in the foster care system.

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The Past, Present, And Future Of Bankruptcy Law In America, Todd J. Zywicki May 2003

The Past, Present, And Future Of Bankruptcy Law In America, Todd J. Zywicki

Michigan Law Review

As this Review was being written, Congress once again failed to pass the bipartisan bankruptcy-reform bill, although many expect it to be enacted at some point in the near future. At the same time, WorldCom, Enron, Global Crossing, and their ignominous peers continue to set records for the size, expense, and public attention drawn to business bankruptcy. For the first time, consumer bankruptcies surpassed the 1.5 million per year mark, continuing an irresistible upward trend. Meanwhile, law firms announce layoffs and salary freezes in most departments, and bankruptcy professionals prosper amidst the despair, billing $1 million per day on the …

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Giving Up On Voluntary Surrender: The Rights Of A Sublessee When The Tenant And Landlord Cancel The Main Lease, Stephen T. Kaiser May 2003

Giving Up On Voluntary Surrender: The Rights Of A Sublessee When The Tenant And Landlord Cancel The Main Lease, Stephen T. Kaiser

Cardozo Law Review

No abstract provided.

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Academics And Bioterrorists: New Thinking About The New Terror, Richard Danzig Apr 2003

Academics And Bioterrorists: New Thinking About The New Terror, Richard Danzig

Cardozo Law Review

No abstract provided.

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Behavioral Approach To Analyzing Corporate Failures, A. Mechele Dickerson Apr 2003

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 …

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Paul, Pomo, And The Legitimacy Of Choice Post 9/11: A Brief Comment On Three Papers, Richard H. Weisberg Apr 2003

Paul, Pomo, And The Legitimacy Of Choice Post 9/11: A Brief Comment On Three Papers, Richard H. Weisberg

Cardozo Law Review

No abstract provided.

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Approving Employee Retention And Severance Programs Judicial Discretion Run Amuck, A. Mechele Dickerson Apr 2003

Approving Employee Retention And Severance Programs Judicial Discretion Run Amuck, A. Mechele Dickerson

Faculty Publications

No abstract provided.

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Muddy Property: Generating And Protecting Information Privacy Norms In Bankruptcy, Edward J. Janger Mar 2003

Muddy Property: Generating And Protecting Information Privacy Norms In Bankruptcy, Edward J. Janger

Faculty Scholarship

No abstract provided.

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Muddy Property: Generating And Protecting Information Privacy Norms In Bankruptcy, Edward J. Janger Mar 2003

Muddy Property: Generating And Protecting Information Privacy Norms In Bankruptcy, Edward J. Janger

Faculty Scholarship

No abstract provided.

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Muddy Property: Generating And Protecting Information Privacy Norms In Bankruptcy, Edward J. Janger Mar 2003

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 …

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Can Lawyers Be Cured?: Eternal Recurrence And The Lacanian Death Drive, Jeanne L. Schroeder Mar 2003

Can Lawyers Be Cured?: Eternal Recurrence And The Lacanian Death Drive, Jeanne L. Schroeder

Cardozo Law Review

No abstract provided.

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The Implied Waiver Solution To The Problem Of Privilege In The Individual Bankruptcy Case, Laura B. Bartell Jan 2003

The Implied Waiver Solution To The Problem Of Privilege In The Individual Bankruptcy Case, Laura B. Bartell

Law Faculty Research Publications

No abstract provided.

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Navigating The Bankruptcy Waters In A Domain Name Rowboat, 3 J. Marshall Rev. Intell. Prop. L. 61 (2003), Beverly A. Berneman Jan 2003

Navigating The Bankruptcy Waters In A Domain Name Rowboat, 3 J. Marshall Rev. Intell. Prop. L. 61 (2003), Beverly A. Berneman

UIC Review of Intellectual Property Law

The combination of rapidly emerging technologies and changes in intellectual property and information technology law has resulted in new species of property and contract rights, such as Internet domain names. While some laws that were enacted before the rise of the Internet cannot be reconciled with the issues raised by domain names, the Bankruptcy Code appears to be equipped with the tools to handle most issues raised by this new species of property. This article discusses how domain names are treated during bankruptcy, how the Bankruptcy Code can be used to protect the function and value of a debtor's domain …

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A Primer On Cramdown - How And Why It Works, Richard Maloy Jan 2003

A Primer On Cramdown - How And Why It Works, Richard Maloy

St. Thomas Law Review

Cramdown has been referred to as "the iron maiden of bankruptcy reorganizations- the dreaded cramdown." The object of this paper is to see whether that uncomplimentary reference is a "bum rap" or a deserved appellation. Obfuscated though it may be, is this feature of the Bankruptcy Code really a medieval form of torture, or when fully understood is it just another statutory provision that could have been more clearly drafted? "Cramdown" is not a word used by the Code. It is a lawyers' euphemism for a very vital part of Chapters 9,3 11,4 12,5 and 136 of the Code-the statutory …

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Impossible, Impracticable, Or Just Expensive? Allocation Of Expense Of Ancillary Risk In The Cmbs Market, 36 J. Marshall L. Rev. 653 (2003), Georgette Chapman Poindexter Jan 2003

Impossible, Impracticable, Or Just Expensive? Allocation Of Expense Of Ancillary Risk In The Cmbs Market, 36 J. Marshall L. Rev. 653 (2003), Georgette Chapman Poindexter

UIC Law Review

No abstract provided.

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A Day In The Life Of A Residential Mortgage Defendant, 36 J. Marshall L. Rev. 687 (2003), Harold L. Levine Jan 2003

A Day In The Life Of A Residential Mortgage Defendant, 36 J. Marshall L. Rev. 687 (2003), Harold L. Levine

UIC Law Review

No abstract provided.

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Mercy, Rehabilitation, And Quid Pro Quo: A Radical Reassessment Of Individual Bankruptcy, 64 Ohio St. L.J. 855 (2003), Jason Kilborn Jan 2003

Mercy, Rehabilitation, And Quid Pro Quo: A Radical Reassessment Of Individual Bankruptcy, 64 Ohio St. L.J. 855 (2003), Jason Kilborn

UIC Law Open Access Faculty Scholarship

Chapter 7 "straight" bankruptcy discharge is a radical policy that has outlived its usefulness. This policy grants most individual debtors complete discharge of indebtedness from their creditors for little more than a filing fee. This article argues that straight bankruptcy should be abolished. In its place, individuals seeking debt relief should be required by statute to participate in a wage assignment plan for a limited period. In support of this argument the article challenges the three rationales for the validity of straight bankruptcy discharge: (1) the creditor-protection or "collection" rationale,; (2) the "mercy" rationale; and (3) the "rehabilitation" rationale. When …

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The Nature Of The Bankrupt Firm: A Response To Baird And Rasmussen's "The End Of Bankruptcy", Lynn M. Lopucki Jan 2003

The Nature Of The Bankrupt Firm: A Response To Baird And Rasmussen's "The End Of Bankruptcy", Lynn M. Lopucki

UF Law Faculty Publications

In an article recently published in the Stanford Law Review Professors Douglas G. Baird and Robert K. Rasmussen assert that big-case bankruptcy reorganizations have "all but disappeared" and give three theoretical explanations. This reply provides empirical evidence that the assertion is wrong; reorganizations not only survive but are booming. It then explains how their theoretical explanations led Baird and Rasmussen to the wrong conclusion. In their first explanation, Baird and Rasmussen note that modern firms have few firm-specific or dedicated assets. From that observation, they argue that the firms have no going concern value. This reply argues that the going …

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The Search For More Fairness In The Fair Debt Collection Practices Act, Elwin Griffith Jan 2003

The Search For More Fairness In The Fair Debt Collection Practices Act, Elwin Griffith

University of Richmond Law Review

No abstract provided.

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