University of Tennessee, Knoxville
Yale Program on Financial Stability, Yale School of Management
Columbia Law School
SelectedWorks
Emory University School of Law
Washington and Lee University School of Law
Harvard Law School
May The Executive Branch Forgive Student Loan Debt Without Further Congressional Action?,
2022
Pepperdine University
May The Executive Branch Forgive Student Loan Debt Without Further Congressional Action?, Colin Mark
Journal of the National Association of Administrative Law Judiciary
On April 1, 2021, the Biden administration announced that Secretary of Education Michael Cardona will consider whether the President has legal authority to forgive up to $50,000 per debtor in student loan debt without further Congressional action. This paper interrogates the leading arguments for and against the Biden administration’s capacity to forgive this student loan debt strictly using administrative action. This article first surveys the history of federal student loan forgiveness programs in the United States. It then considers whether statutes on the books—in particular, the Higher Education Act of 1965 and the Federal Claims Collection Act ...
The Long And Winding Road To The Small Business Reorganization Act: Why Our Next Stop Should Be Simplicity And Accessibility,
2022
West Virginia University College of Law
The Long And Winding Road To The Small Business Reorganization Act: Why Our Next Stop Should Be Simplicity And Accessibility, Daniel O'Hare
West Virginia Law Review
No abstract provided.
When Is A Debt "Obtained By" Fraud?: Reconsideration Of The Fraud Nondischargeability Exception Under Section 523(A)(2) Of The Bankruptcy Code,
2022
Stetson University College of Law
When Is A Debt "Obtained By" Fraud?: Reconsideration Of The Fraud Nondischargeability Exception Under Section 523(A)(2) Of The Bankruptcy Code, Theresa J. Pulley Radwan
West Virginia Law Review
No abstract provided.
Bankruptcy,
2022
Mercer University School of Law
Bankruptcy, John T. Laney Iii, Victoria Barbino Grantham
Mercer Law Review
Following the pandemic-related drop in bankruptcy filings during 2020, bankruptcy filings for both individuals and corporations continued to decline in 2021. Experts disagree about the cause of the decrease of filings during a period many believed would see a windfall. Some cite government stimulus programs for both individuals, and corporations, others low-lending rates which allowed companies to access capital more freely, and some believe court closures and backlogs have discouraged parties from formal judicial restructuring. No matter the cause, all experts expect filings to increase in 2022.
The United States Court of Appeals for the Eleventh Circuit issued several notable ...
Fred M’Membe And Post Newspapers Limited (In Liquidation) V. Abel Mboozi And Others Scz Appeal No. 07/2021,
2022
University of Zambia
Fred M’Membe And Post Newspapers Limited (In Liquidation) V. Abel Mboozi And Others Scz Appeal No. 07/2021, Chanda Chungu
SAIPAR Case Review
The Supreme Court in this case dealt with the liquidation of the Post Newspapers, a company which was responsible for publishing the popular The Post newspaper. A group of people who claimed to be creditors of the Post filed a petition in the High Court for the winding up of the company. Mr. Lewis Chisanga Mosho was subsequently appointed as the provisional liquidator.
The appeal before the Supreme Court dealt with issues and questions relating to the proper procedure and process relating to the liquidation and the liquidator, the role of the court and the rights of shareholders and directors ...
Benign Language On Letters From Debt Collectors And Avoiding Violations Of The Fair Debt Collection Practices Act,
2022
University of Cincinnati College of Law
Benign Language On Letters From Debt Collectors And Avoiding Violations Of The Fair Debt Collection Practices Act, Sebastian West
University of Cincinnati Law Review
No abstract provided.
Transnational Bankruptcy Under International Law: Making A Case For Establishing A Unified System,
2022
Golden Gate University School of Law
Transnational Bankruptcy Under International Law: Making A Case For Establishing A Unified System, Yanjun Zhao
Theses and Dissertations
In recent years, there has been a rapid increase in transnational bankruptcy cases around the world. Taking the United States as an example, from 2005 to June 30, 2020, the U.S. bankruptcy court has accepted 1488 procedural cases under Chapter 15 of the U.S. bankruptcy Code. “Cross-border bankruptcy cases filed in the U.S. under chapter 15 of the Bankruptcy Code on behalf of foreign businesses doubled during 2020 and are on pace to set another record-breaking year in 2021 (with more than 123 filings in the first half of the year alone). Foreign debtors are increasingly looking ...
The Great Escape: Exploring Chapter 11’S Allure To Mass Tort Defendants,
2022
Louisiana State University Law Center
The Great Escape: Exploring Chapter 11’S Allure To Mass Tort Defendants, Natalie R. Earles
Louisiana Law Review
The article explores Chapter 11 bankruptcy proceedings as a defense strategy used by mass tort defendants to escape unfavorable litigation and proposes the U.S. Congress to revise the Bankruptcy Code to disincentivize the misuse of bankruptcy power.
Reigning In Regulatory Overreach: Ferc’S Role In Bankruptcy,
2022
Louisiana State University Law Center
Reigning In Regulatory Overreach: Ferc’S Role In Bankruptcy, Bradley G. Oster
Louisiana Law Review
The article examines points of law governing the role and jurisdiction of the U.S. Federal Energy Regulatory Commission (FERC), including the Federal Power Act's (FPA) field rate doctrine and Mobile-Sierra doctrine and the Bankruptcy Code, in bankruptcy-related litigations.
Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce,
2022
Depaul University College of Law
Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor
DePaul Business and Commercial Law Journal
No abstract provided.
Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring,
2022
Drake University Law School
Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit
DePaul Business and Commercial Law Journal
No abstract provided.
The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge,
2022
University of North Dakota School of Law
The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor
DePaul Business and Commercial Law Journal
No abstract provided.
Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society,
2022
University of Calgary
Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements
DePaul Business and Commercial Law Journal
No abstract provided.
Monsanto: Creator Of Cancer Liability,
2022
DePaul University
Monsanto: Creator Of Cancer Liability
DePaul Business and Commercial Law Journal
No abstract provided.
Impact Of Corporate Response To Controversial Presidential Statements Or Policies,
2022
DePaul University
Impact Of Corporate Response To Controversial Presidential Statements Or Policies
DePaul Business and Commercial Law Journal
No abstract provided.
Chief Loophole Officer Or Chief Legal Officer: Inside Lehman Brothers—A Film Case Study About Corporate And Legal Ethics,
2022
University of Ottawa's Faculty of Law & Telfer School of Management, Fellow, Hot Docs for Continuing Professional Education, Senior Fellow, Hennick Centre for Business & Law of York University
Chief Loophole Officer Or Chief Legal Officer: Inside Lehman Brothers—A Film Case Study About Corporate And Legal Ethics, Garrick Apollon
St. Mary's Journal on Legal Malpractice & Ethics
This Article discusses the continuing legal education (CLE) visual advocacy documentary-style program, which Garrick Apollon (author of this Article) researched and developed. The case study for this CLE documentary-style program is the film Inside Lehman Brothers—a documentary film by Jennifer Deschamps which chronicles the story of the Lehman whistleblowers. The film presents Mathew Lee, former senior vice president overseeing Lehman’s global balance sheet; Oliver Budde, former in-house counsel (associate general counsel) of the Lehman Brothers; and the racialized female mid-tier manager whistleblowers, who all paid a steep price in the 2008 American subprime mortgage crisis, while many of ...
Custodian Or Not: Scrivener's Error In A Bankruptcy Code Safe Harbor,
2022
Emory University School of Law
Custodian Or Not: Scrivener's Error In A Bankruptcy Code Safe Harbor, Thomas E. Plank
Emory Bankruptcy Developments Journal
This Article analyzes a drafting error in the United States Bankruptcy Code that remained latent for 36 years until 2020. This drafting error limits a safe harbor that Congress enacted in 1984 and expanded in 2005 to protect an important segment of the securities and mortgage loan markets.
When a person becomes a debtor in bankruptcy, the Bankruptcy Code imposes an automatic stay on substantially all actions by creditors and other entities against the debtor or the debtor’s bankruptcy estate. It also abrogates contractual provisions, known as ipso facto clauses, that otherwise permit a party to terminate a contract ...
Bankruptcy And The Anti-Assignment Acts: A New Approach To The Issue Of Assumption And Assignability Of Government Contracts,
2022
Emory University School of Law
Bankruptcy And The Anti-Assignment Acts: A New Approach To The Issue Of Assumption And Assignability Of Government Contracts, Ha Khuong
Emory Bankruptcy Developments Journal
One of the most important and valuable tools that a business debtor has for reorganization under the bankruptcy proceedings is assuming and assigning executory contracts. However, circuit courts are divided on the issue of whether the Anti-Assignment Act, in conjunction with Section 365(c)(1)(A) of the Bankruptcy Code, prohibits the assumption of an executory government contract over the objection of the government where the contract is to be performed by the debtor-in-possession. Some circuit courts apply the “Hypothetical Test” which restricts a debtor-in-possession from assuming an executory contract over an objection if applicable law would bar assignment to ...
Having Your Cake And Eating It Too: Why Voluntary Post-Petition 401(K) Contributions Are Disposable Income,
2022
Emory University School of Law
Having Your Cake And Eating It Too: Why Voluntary Post-Petition 401(K) Contributions Are Disposable Income, Austin S. Howell
Emory Bankruptcy Developments Journal
Following the 2005 amendments to the Bankruptcy Code, the majority of chapter 13 debtors have been successful in minimizing their repayment obligations to creditors while bolstering their financial stability during retirement. The Bankruptcy Code allows chapter 13 debtors to retain their assets and repay their debts to creditors using their earned income. Alternatively, debtors may simply avoid some of the liability by dedicating a portion of their earned income for reasonably necessary expenses. Judicial inconsistencies have emerged concerning whether voluntary post-petition 401(k) retirement contributions for chapter 13 debtors constitute disposable income in accordance with Sections 541(b)(7) and ...
Reverse Vesting Orders – Developing Principles And Guardrails To Inform Judicial Decisions,
2022
Allard School of Law at the University of British Columbia
Reverse Vesting Orders – Developing Principles And Guardrails To Inform Judicial Decisions, Janis P. Sarra
All Faculty Publications
Reverse vesting orders (RVO) are a new tool being used by insolvency practitioners in Canada’s Companies’ Creditors Arrangement Act (CCAA) and other insolvency proceedings, where the debtor is not required to propose a restructuring plan and creditors are not permitted a vote on the going-forward strategy. The article starts from the premise that the court has authority to approve an RVO pursuant to sections 11 and 36 of the CCAA and the court’s general authority under the statute. However, it suggests that there must be exceptional circumstances for the court to be persuaded to bypass provisions of insolvency ...
