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Social and Behavioral Sciences Commons™
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- Bankruptcy (12)
- Reorganization (9)
- Chapter 11 (7)
- Insolvency (6)
- Bankruptcy Law (5)
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- Corporate reorganization (5)
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- Economics (4)
- Investment banking (4)
- Restructuring (4)
- Chapter 9 (3)
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- Derivatives (3)
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- Bonds (2)
- Chapter 11 reorganization (2)
- Classification (2)
- Conflict of laws (2)
- Convention (2)
- Debtor-in-possession financing (2)
- Default (2)
- Derivative contracts (2)
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Articles 31 - 57 of 57
Full-Text Articles in Social and Behavioral Sciences
Bankruptcy Boundary Games, David A. Skeel Jr.
Bankruptcy Boundary Games, David A. Skeel Jr.
All Faculty Scholarship
For the past several decades, Congress has steadily expanded the exclusion of securities market operations from core bankruptcy protections. This Article focuses on three of the most important of these issues: the exclusion of brokerage firms from Chapter 11; the protection of settlement payments from avoidance as preferences or fraudulent conveyances; and the exemption of derivatives from the automatic stay and other basic bankruptcy provisions. In Parts I, II and III of the Article, I consider each of the issues in turn, showing that each has had serious unintended consequences. Both Drexel Burnham and Lehman Brothers evaded the brokerage exclusion, …
Against Financial Literacy Education, Lauren E. Willis
Against Financial Literacy Education, Lauren E. Willis
All Faculty Scholarship
The dominant model of regulation in the United States for consumer credit, insurance, and investment products is disclosure and unfettered choice. As these products have become increasingly complex, consumers’ inability to understand them has become increasingly apparent, and the consequences of this inability more dire. In response, policymakers have embraced financial literacy education as a necessary corollary to the disclosure model of regulation. This education is widely believed to turn consumers into “responsible” and “empowered” market players, motivated and competent to make financial decisions that increase their own welfare. The vision is of educated consumers handling their own credit, insurance, …
Redesigning The International Lender Of Last Resort, Patrick Bolton, David A. Skeel Jr.
Redesigning The International Lender Of Last Resort, Patrick Bolton, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
Bankruptcy's Home Economics, David A. Skeel Jr.
Bankruptcy's Home Economics, David A. Skeel Jr.
All Faculty Scholarship
This essay began its life as a commentary on Elizabeth Warren’s article “The New Economics of the American Family” at the American Bankruptcy Institute's 25th Anniversary Symposium of the Bankruptcy Code in 2003. (Both the Warren article and my commentary were published in the symposium in the American Bankruptcy Institute Law Review.) “The New Economics of the American Family” was drawn in many respects from then-Professor Warren’s co-authored book, The Two Income Trap. The essay refers to both, though it puts particular emphasis on the article. The essay begins by briefly describing the basic thesis of the article-- …
Racial Dimensions Of Credit And Bankruptcy, David A. Skeel Jr.
Racial Dimensions Of Credit And Bankruptcy, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
The Past, Present And Future Of Debtor-In-Possession Financing, David A. Skeel Jr.
The Past, Present And Future Of Debtor-In-Possession Financing, David A. Skeel Jr.
All Faculty Scholarship
Chapter 11's distinctive post-petition financing rules trace their ancestry back to the origins of large scale corporate reorganization in America in the nineteenth century. In this sense, post-petition financing has always been with us. But in the past decade, the role of the financers has changed. After a century in the shadows, post-petition lenders have stepped onto center stage. The DIP loan agreement has become the single most important governance lever in many large Chapter 11 cases. Why have these formerly bashful financers suddenly started hogging the spotlight? I argue in this article that the generous terms offered to DIP …
Inside The Black Box: How Should A Sovereign Bankruptcy Regime Be Structured?, Patrick Bolton, David A. Skeel Jr.
Inside The Black Box: How Should A Sovereign Bankruptcy Regime Be Structured?, Patrick Bolton, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
Sovereign Debt Reform And The Interest Of Creditors, William W. Bratton, G. Mitu Gulati
Sovereign Debt Reform And The Interest Of Creditors, William W. Bratton, G. Mitu Gulati
All Faculty Scholarship
No abstract provided.
Can Majority Voting Provisions Do It All?, David A. Skeel Jr.
Can Majority Voting Provisions Do It All?, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
Venture Capital On The Downside: Preferred Stock And Corporate Control, William W. Bratton
Venture Capital On The Downside: Preferred Stock And Corporate Control, William W. Bratton
All Faculty Scholarship
No abstract provided.
Enron And The Dark Side Of Shareholder Value, William W. Bratton
Enron And The Dark Side Of Shareholder Value, William W. Bratton
All Faculty Scholarship
No abstract provided.
Corporate Ownership Structure And The Evolution Of Bankruptcy Law: Lessons From The United Kingdom, John Armour, Brian R. Cheffins, David A. Skeel Jr.
Corporate Ownership Structure And The Evolution Of Bankruptcy Law: Lessons From The United Kingdom, John Armour, Brian R. Cheffins, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
Vern Countryman And The Path Of Progressive (And Populist) Bankruptcy Scholarship, David A. Skeel Jr.
Vern Countryman And The Path Of Progressive (And Populist) Bankruptcy Scholarship, David A. Skeel Jr.
All Faculty Scholarship
Throughout the 1960s and 1970s, Vern Countryman was the leading progressive bankruptcy scholar - and in fact the leading bankruptcy scholar of any perspective. This article explores the links between Countryman's work and that of his New Deal predecessors, on the one hand, and his successors, on the other. In addition to Countryman himself, the article focuses on William Douglas, who was Countryman's predecessor and mentor, as well as being the leading bankruptcy scholar of the New Deal. Among Countryman's successors, the article focuses on the work of Elizabeth Warren, Countryman's successor at Harvard Law School and the nation's leading …
Judgment Proofing, Bankruptcy Policy, And The Dark Side Of Tort Liability, Charles W. Mooney Jr.
Judgment Proofing, Bankruptcy Policy, And The Dark Side Of Tort Liability, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
The Genius Of The 1898 Bankruptcy Act, David A. Skeel Jr.
The Genius Of The 1898 Bankruptcy Act, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
How Successful Was The Revision Of Ucc Article 9?: Reflections Of The Reporters, Steven L. Harris, Charles W. Mooney Jr.
How Successful Was The Revision Of Ucc Article 9?: Reflections Of The Reporters, Steven L. Harris, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
Bankruptcy Judges And Bankruptcy Venue: Some Thoughts On Delaware, David A. Skeel Jr.
Bankruptcy Judges And Bankruptcy Venue: Some Thoughts On Delaware, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
An Evolutionary Theory Of Corporate Law And Corporate Bankruptcy, David A. Skeel Jr.
An Evolutionary Theory Of Corporate Law And Corporate Bankruptcy, David A. Skeel Jr.
All Faculty Scholarship
In this Article, Professor Skeel argues that the important recent literature exploring historical and political influences on American corporate law has neglected a crucial component of corporate governance: corporate bankruptcy. Only by appreciating the complementary relationship between corporate law and corporate bankruptcy can we understand how corporate governance operates in any given nation. To show this, the Article contrasts American corporate governance with that of Japan and Germany. America's market-driven corporate governance can only function effectively if the bankruptcy framework includes a manager-driven reorganization option. The relational shareholding that characterizes Japanese and German corporate governance, by contrast, requires a much …
Measuring The Social Costs And Benefits And Identifying The Victims Of Subordinating Security Interests In Bankruptcy, Steven L. Harris, Charles W. Mooney Jr.
Measuring The Social Costs And Benefits And Identifying The Victims Of Subordinating Security Interests In Bankruptcy, Steven L. Harris, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
Choosing The Law Governing Perfection: The Data And Politics Of Article 9 Filing, Steven L. Harris, Charles W. Mooney Jr.
Choosing The Law Governing Perfection: The Data And Politics Of Article 9 Filing, Steven L. Harris, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
A Property-Based Theory Of Security Interests: Taking Debtor's Choices Seriously, Steven L. Harris, Charles W. Mooney Jr.
A Property-Based Theory Of Security Interests: Taking Debtor's Choices Seriously, Steven L. Harris, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
Markets, Courts, And The Brave New World Of Bankruptcy Theory, David A. Skeel Jr.
Markets, Courts, And The Brave New World Of Bankruptcy Theory, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
Financial Distress As A Non-Cooperative Game: A Proposal For Overcoming Obstacles To Private Workouts, Claire Oakes Finkelstein
Financial Distress As A Non-Cooperative Game: A Proposal For Overcoming Obstacles To Private Workouts, Claire Oakes Finkelstein
All Faculty Scholarship
No abstract provided.
Bargaining And The Division Of Value In Corporate Reorganization, Howard F. Chang, Lucian A. Bebchuk
Bargaining And The Division Of Value In Corporate Reorganization, Howard F. Chang, Lucian A. Bebchuk
All Faculty Scholarship
No abstract provided.
The Nature And Effect Of Corporate Voting In Chapter 11 Reorganization Cases, David A. Skeel Jr.
The Nature And Effect Of Corporate Voting In Chapter 11 Reorganization Cases, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
Beyond Negotiability: A New Model For Transfer And Pledge Of Interests In Securities Controlled By Intermediaries, Charles W. Mooney Jr.
Beyond Negotiability: A New Model For Transfer And Pledge Of Interests In Securities Controlled By Intermediaries, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
Developments In Law - Toxic Waste Litigation, Howard F. Chang
Developments In Law - Toxic Waste Litigation, Howard F. Chang
All Faculty Scholarship
No abstract provided.