Yale School of Management
Komisi Pemilihan Umum Republik Indonesia
University of Tennessee, Knoxville
John Marshall Law School
SelectedWorks
Washington and Lee University School of Law
University of Michigan Law School
Johnson, John T., 1820-1875 (Sc 3699),
2023
Western Kentucky University
Johnson, John T., 1820-1875 (Sc 3699), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid and scan (Click on "Additional Files" below) for Manuscripts Small Collection 3699. Case file for T. T. Melburn v. John T. Johnson, U.S. District Court for the District of Kentucky, filed 26 May 1870. Petitioner Melburn, a carpenter and stair builder of Bowling Green, Kentucky, sought an accounting for transactions during his 1869-1870 partnership with Johnson, also a carpenter, of Woodburn, Kentucky, claiming that Johnson had misappropriated assets of the firm and had committed an act of insolvency by transferring land to a relative. The inquiry, conducted by Warner Underwood as Register in Bankruptcy, included depositions from …
A Revised Perspective On Non-Debtor Releases,
2023
University of Arkansas at Little Rock William H. Bowen School of Law
A Revised Perspective On Non-Debtor Releases, Joshua M. Silverstein
Faculty Scholarship
“Non-debtor releases” are bankruptcy orders that extinguish claims against a party other than a bankrupt debtor over the objection of the creditor. Also known as “third-party releases,” the legality of these orders is one of the most important and controversial issues in bankruptcy law specifically and business law generally. The split in the courts over the propriety of non-debtor releases stretches back thirty-five years. However, the United States Supreme Court is poised to resolve the split this term in the Purdue Pharma bankruptcy. In two prior articles published in 2006 and 2009, I argued that third-party releases are permissible under …
Divide, "Two-Step," And Conquer: How Johnson & Johnson Spurred The Bankruptcy System,
2023
University of Cincinnati College of Law
Divide, "Two-Step," And Conquer: How Johnson & Johnson Spurred The Bankruptcy System, Patrick Maney
University of Cincinnati Law Review
No abstract provided.
Coordination Of The Uniform Commercial Code And Common Law,
2023
University of Cincinnati College of Law
Coordination Of The Uniform Commercial Code And Common Law, Kenneth C. Kettering
University of Cincinnati Law Review
Deciding whether an issue that is in the ambit of a statute should be resolved by reference to the statute alone, or whether other sources of law should be applied, is a common interpretative task. The Uniform Commercial Code ("UCC") contains rules of interpretation that address the subject, and those rules have not been altered since the UCC was first generally enacted. Nevertheless, questions often arise on the subject under the UCC. This paper examines the UCC rules on point. The analysis is germane to the interpretation and drafting of other statutes that codify rules of private law.
A Historical Account Of The Orderly Payment Of Debts Act Reference: Limiting Provincial Efforts To Protect Insolvent Debtors,
2023
University of Western Ontario
A Historical Account Of The Orderly Payment Of Debts Act Reference: Limiting Provincial Efforts To Protect Insolvent Debtors, Thomas Gw Telfer, Virginia Torrie
Dalhousie Law Journal
This paper analyzes the history of the Alberta Orderly Payment of Debts Act and the constitutional controversy that followed. The legislation sought to protect debtors by imposing restrictions on creditors. In 1960, the Supreme Court of Canada in Reference re Validity of Orderly Payment of Debts Act, 1959 (Alberta) ruled that the legislation was ultra vires on the basis that it interfered with the federal bankruptcy and insolvency power. The Orderly Payment of Debts Act reference is the capstone in a trilogy of cases in which provincial legislation was invalidated for encroaching upon the federal bankruptcy and insolvency power. The …
Table Of Contents,
2023
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Silencing Litigation Through Bankruptcy,
2023
Benjamin N. Cardozo School of Law
Silencing Litigation Through Bankruptcy, Pamela Foohey, Christopher K. Odinet
Articles
Bankruptcy is being used as a tool for silencing survivors and their families. When faced with claims from multiple plaintiffs related to the same wrongful conduct that can financially or operationally crush the defendant over the long term—a phenomenon we identify as onslaught litigation—defendants harness bankruptcy’s reorganization process to draw together those who allege harm and pressure them into a swift, universal settlement. In doing so, they use the bankruptcy system to deprive survivors of their voice and the public of the truth. This Article identifies this phenomenon and argues that it is time to rein in this destructive use …
Brief For Amici Curiae Bankruptcy Law Professors In Support Of Petitioner,
2023
Benjamin N. Cardozo School of Law
Brief For Amici Curiae Bankruptcy Law Professors In Support Of Petitioner, Pamela Foohey
Amicus Briefs
Amici, whose names and affiliations are set forth in alphabetical order on Appendix A, are law professors who study the United States’ bankruptcy system. They have published in some of the nation’s leading academic journals on corporate reorganization issues, including the case sub judice. They write solely based on their concern about the effect that the opinion below will have on this system.
Petitioner argues that the decision of the Second Circuit Court of Appeals in this case should be reversed because the United States Bankruptcy Code does not permit the nonconsensual nondebtor release (“NDR”) of the Debtors’ owners (the …
Brief Of Amici Curiae Law Professors In Support Of Appellant On The Role Of Bankruptcy Examiners In Chapter 11 Reorganization,
2023
Benjamin N. Cardozo School of Law
Brief Of Amici Curiae Law Professors In Support Of Appellant On The Role Of Bankruptcy Examiners In Chapter 11 Reorganization, Pamela Foohey
Amicus Briefs
Amici curiae, whose biographical information appears on Appendix A (“Amici”), are professors at law schools in the Third Circuit and around the nation. They study and write extensively about bankruptcy and related business law subjects. Their work has appeared in many of the nation’s leading academic journals, and includes path-breaking scholarship on the use of bankruptcy examiners in freefall and cryptocurrency cases.
Amici share a commitment to the transparent and efficient administration of the chapter 11 system, and a belief that the interest of the public and creditors in this large and notorious chapter 11 case must be vindicated …
Proposal For A New Regulation Of Speculation In Sovereign Debt,
2023
Catholic University of Louvain (UCL)
Proposal For A New Regulation Of Speculation In Sovereign Debt, Justin Vanderschuren
Research Scholar Publications
Over the past few years, several countries have undertaken to regulate the speculation in sovereign debt pursued by so-called “vulture funds.” The various realizations and attempts present a series of loopholes that make a new regulation of this speculation advisable. A proposal for a new regulation, legally justified and precisely framed, is all the more desirable given that some legislators, in particular from the New York State Legislature, have recently taken up the issue of speculation.
Debt sustainability is the only realistic regulation benchmark. It is inconceivable to ban debt purchases on the secondary market as this would significantly impact …
Sovereign Debt Speculation: A Necessary Restraint Justified By A Concern For Debt Sustainability,
2023
Catholic University of Louvain (UCL)
Sovereign Debt Speculation: A Necessary Restraint Justified By A Concern For Debt Sustainability, Justin Vanderschuren
Research Scholar Publications
The actions of funds speculating in sovereign debt, frequently nicknamed “vulture funds”, are often roundly criticized. These funds purchase distressed debts on the secondary market at reduced prices and then seek payment in court at face value plus interest and fees. Although their actions are legally justified, so-called “vulture funds” are vilified due to the negative impact of their activities on sovereign debtors and their population. While there is a strong demand for regulating sovereign debt speculation, various solutions already exist but are, in many ways, insufficient. This article argues for the adoption of a tailored regulation of the speculative …
Modular Bankruptcy: Toward A Consumer Scheme Of Arrangement,
2023
University of Michigan Law School
Modular Bankruptcy: Toward A Consumer Scheme Of Arrangement, John A. E. Pottow
Law & Economics Working Papers
The world of international bankruptcy has seen increasing use of the versatile scheme of arrangement, a form of corporate reorganization available under English law. A key feature of the scheme is its modularity, whereby a debtor can restructure only a single class of debt, such as bond indentures, without affecting other debt, such as trade. This is the opposite of chapter 11 of the U.S. Bankruptcy Code’s comprehensive reckoning of all financial stakeholders. This article considers a novel idea: could the scheme be transplanted into the consumer realm? It argues that it could and should. Substantial benefits of more individually …
Aligning Nigeria’S Companies And Allied Matters Act With Restructuring Objectives: A Comparative Analysis Using Key Areas Of Interest In Canada’S Insolvency Regime,
2023
Western University
Aligning Nigeria’S Companies And Allied Matters Act With Restructuring Objectives: A Comparative Analysis Using Key Areas Of Interest In Canada’S Insolvency Regime, Unyime Anieti Akpan
Master of Laws Research Papers Repository
Despite the commendable inclusion of restructuring options in Nigeria’s Companies and Allied Matters Act 2020 (“CAMA 2020”), there are still some issues to be addressed in order to fully align CAMA’s restructuring regimes with its goals. This paper undertakes a comparative analysis of the CAMA and the relevant Canadian laws in this respect (particularly the Companies’ Creditors Arrangement Act (“CCAA”) which are aimed at restructuring insolvent corporations. Given the broad nature of a general comparison of insolvency regimes, the approach of this research will be to highlight some key areas of interest under both the CAMA …
Federal Data Privacy Regulation: Do Not Expect An American Gdpr,
2023
DePaul University College of Law
Federal Data Privacy Regulation: Do Not Expect An American Gdpr, Matt Buckley
DePaul Business & Commercial Law Journal
No abstract provided.
Welcome Address,
2023
DePaul University
Welcome Address, Lauren Mckenzie
DePaul Business & Commercial Law Journal
No abstract provided.
Front Matter,
2023
DePaul University
Discharge Discrimination,
2023
Vanderbilt University Law School
Discharge Discrimination, Nicole Langston
Vanderbilt Law School Faculty Publications
Although the Bankruptcy Code is facially neutral, the consumer bankruptcy discharge provisions produce anomalies that run counter to bankruptcy's internal principles of not forgiving debt that is based on misconduct or that implicates a public policy concern. For example, the discharge provisions allow some individuals to discharge debt that stems from civil rights violations or tortious discrimination. In contrast, the Bankruptcy Code precludes some debtors from debt relief based on narrow views of misconduct or misconceptions about moral hazards. These individuals who file for bankruptcy owe debts that generally cannot be forgiven, like civil and criminal fees and fines and …
Finding A Port In The Storm: Constitutional Claims Find Protection Under The Fifth Amendment In Municipal Bankruptcy In In Re Financial Oversight & Management Board,
2023
Villanova University Charles Widger School of Law
Finding A Port In The Storm: Constitutional Claims Find Protection Under The Fifth Amendment In Municipal Bankruptcy In In Re Financial Oversight & Management Board, Mark Lammey
Villanova Law Review
No abstract provided.
The Housing Bubble And Consumer Bankruptcy (Parts I And Ii),
2023
Benjamin N. Cardozo School of Law
The Housing Bubble And Consumer Bankruptcy (Parts I And Ii), David G. Carlson
Articles
During the COVID pandemic housing prices have soared. Consumers who have filed for bankruptcy are now looking at enormous realized and unrealized capital gains. This article assesses the chances that these consumer debtors can keep these gains out of the hands of their creditors. Part I of this two-part article addresses chapter 7 issues, which concern lien stripping, abandonment, and monetary exemptions. It also addresses lien stripping in chapter 13 cases. Part II will address whether a chapter 13 debtor must surrender appreciation value to the chapter 13 trustee or to a trustee in a converted chapter 7 case.
Evaluating Nondebtor Releases: How Purdue Pharma Emphasizes The Need For Congress To Resolve The Decades-Long Debate,
2023
University of Connecticut
Evaluating Nondebtor Releases: How Purdue Pharma Emphasizes The Need For Congress To Resolve The Decades-Long Debate, Sarah Melanson
Connecticut Law Review
In 2019, Purdue Pharma filed a petition for relief under Chapter 11 of the Bankruptcy Code (the “Code”) due to an onslaught of lawsuits arising from its alleged contribution to the opioid crisis. The proposed plan of reorganization became notorious for its release of the Sackler family––nondebtors–– from future civil liability relating to opioid litigation. For over 30 years, Federal Circuit Courts of Appeal have split on whether the Code allows release of nondebtors. A majority of circuits have recognized that the Code’s grant of broad, discretionary equitable powers authorizes nondebtor releases. The recent emergence of several mass-tort bankruptcies containing …
