The Case Against "Bad Faith" Dismissals Of Bankruptcy Petitions Under 11 U.S.C. § 707(A),
2010
American University Washington College of Law
The Case Against "Bad Faith" Dismissals Of Bankruptcy Petitions Under 11 U.S.C. § 707(A), Pamela C. Tsang
American University Law Review
No abstract provided.
Caveat Lessor: U.S. Aircraft Financiers Beware: 11 U.S.C. § 1110 Expectations May Not Be Met In Cross-Border Insolvencies,
2010
Brigham Young University Law School
Caveat Lessor: U.S. Aircraft Financiers Beware: 11 U.S.C. § 1110 Expectations May Not Be Met In Cross-Border Insolvencies, Kevin Gaunt
Brigham Young University International Law & Management Review
No abstract provided.
Trusts Versus Corporations: An Empirical Analysis Of Competing Organizational Forms,
2010
Syracuse University
Trusts Versus Corporations: An Empirical Analysis Of Competing Organizational Forms, A. Joseph Warburton
College of Law - Faculty Scholarship
This paper studies the effects of organizational form on managerial behavior and firm performance, from an empirical perspective. Managers of trusts are subject to stricter fiduciary responsibilities than managers of corporations. This paper examines the ramifications empirically, by exploiting data generated by a change in British regulations in the 1990s that allowed mutual funds to organize as either a trust or a corporation. I find evidence that trust law is effective in curtailing opportunistic behavior, as trust managers charge significantly lower fees than their observationally equivalent corporate counterparts. Trust managers also incur lower risk. However, evidence suggests that trust managers …
Bankruptcy Federalism: A Doctrine Askew,
2010
Washington and Lee University School of Law
Bankruptcy Federalism: A Doctrine Askew, Margaret Howard
Scholarly Articles
No abstract provided.
Simon Transportation Services, Inc.,
2010
University of Tennessee College of Law
Simon Transportation Services, Inc., Will Holloway, Eliot Kerner, J. Paul Singleton
Chapter 11 Bankruptcy Case Studies
No abstract provided.
Unveiling The Mystery, History, And Problems Associated With The Jurisdictional Limitations Of Bankruptcy Courts Over Personal Injury Tort And Wrongful Death Claims,
2010
Shepard Broad Law Center
Unveiling The Mystery, History, And Problems Associated With The Jurisdictional Limitations Of Bankruptcy Courts Over Personal Injury Tort And Wrongful Death Claims, Ishaq Kundawala
McGeorge Law Review
No abstract provided.
The Complications Of Fla. Stat. Section 222.25(4). Does Florida's Wildcard Exemption Allow Married Debtors To Double Dip,
2010
Florida Default Law Group, P.L.
The Complications Of Fla. Stat. Section 222.25(4). Does Florida's Wildcard Exemption Allow Married Debtors To Double Dip, Rubina K. Shaldjian
St. Thomas Law Review
Bankruptcy courts in every Florida district have addressed how the new wildcard exemption fits into the Florida exemption scheme. Part II of this paper outlines the relevant cases and explains the reasoning behind their differences. While not all of the cases directly address whether a married debtor exempting real property under tenancy by the entirety can also claim the additional $4,000 wildcard exemption, the analyses they contain are germane to the issue. Generally, debtors who do not affirmatively claim the homestead exemption are entitled to the wildcard exemption if they do not receive the benefit of constitutional homestead. Part III …
Ideas, Interests And Institutions And The History Of Canadian Bankruptcy Law 1867-1880,
2010
Western University
Ideas, Interests And Institutions And The History Of Canadian Bankruptcy Law 1867-1880, Thomas G. W. Telfer
Law Publications
Michael Trebilcock's scholarship has long recognized the importance of ideas, interests, and institutions in shaping policy. Taking the same analytical approach that Michael Trebilcock and Ninette Kelley use in their ground-breaking book on the history of Canadian immigration, which focuses on economic interests, contested ideas, and institutions, this article examines the Canadian historical experience to gain an understanding of the ideas, interests, and institutions that have been influential in shaping the evolution of Canadian bankruptcy law. Specifically, the article addresses the rise of Canadian bankruptcy legislation in the early post-Confederation period and its ultimate repeal in 1880. Bankruptcy law represented …
The Appeal Of Direct Appeal – Use Of The New 28 U.S.C. § 158(D)(2),
2010
Wayne State University
The Appeal Of Direct Appeal – Use Of The New 28 U.S.C. § 158(D)(2), Laura B. Bartell
Law Faculty Research Publications
Prior to the amendments enacted in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), a decision of a federal bankruptcy judge could be appealed in one of two ways. First, a litigant could appeal a final judgment, order or decree (and certain interlocutory orders and decrees) to the district court for the judicial district in which the bankruptcy judge sits. Second, if the judicial council of the circuit in which the bankruptcy judge was serving had established a bankruptcy appellate panel (BAP) under 28 U.S.C. § 158(6)(1), and the district judges for the district in which the …
Virtual Territoriality,
2010
Brooklyn Law School/Yale Law School
The Principle Of Consumer Utility: A Contemporary Theory Of The Bankruptcy Discharge, 58 University Of Kansas Law Review 101 (2010),
2010
University of Denver
The Principle Of Consumer Utility: A Contemporary Theory Of The Bankruptcy Discharge, 58 University Of Kansas Law Review 101 (2010), Michael D. Sousa
Sturm College of Law: Faculty Scholarship
No abstract provided.
UIC School of Law
Does An Economic Crisis Merit A Prima Facie Finding Of "Exigent Circumstances" Or Other Emergency Relief? The Impact Of The Credit Counseling Provision Of Bapcpa Upon Distressed Homeowners In A Severe National Economic Downturn, 44 J. Marshall L. Rev. 129 (2010), Gloria J. Liddell, Pearson Liddell Jr., Michael J. Highfield
UIC Law Review
No abstract provided.
A Reappraisal Of Attorneys' Fees In Bankruptcy,
2010
University of Missouri School of Law
A Reappraisal Of Attorneys' Fees In Bankruptcy, Michelle A. Cecil
Faculty Publications
This Article attempts to create a new method for approaching the priority of attorneys’ fees in bankruptcy. It criticizes Lamie for not going far enough toward resolving the attorneys’ fees issue, and proposes a statutory amendment to the Bankruptcy Code that will harmonize the interests of both creditors and debtors who are seeking bankruptcy protection during these difficult economic times.
Through Gritted Teeth And Clenched Jaw: Court-Initiated Sanctions In Bankruptcy Opinions,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Through Gritted Teeth And Clenched Jaw: Court-Initiated Sanctions In Bankruptcy Opinions, Nancy B. Rapoport
Scholarly Works
This article discusses what types of behavior can trigger a bankruptcy court's initiation of sanctions against an attorney.
Calling All Debtors, Want To Defraud Your Creditors? Here Is How: The Tenancy By The Entirety Loophole And The Nullification Of Section 522(O), (P), And (Q) Of The 2005 Bankruptcy Amendments,
2010
University of Miami Law School
Calling All Debtors, Want To Defraud Your Creditors? Here Is How: The Tenancy By The Entirety Loophole And The Nullification Of Section 522(O), (P), And (Q) Of The 2005 Bankruptcy Amendments, Leigh J. Francis
University of Miami Business Law Review
No abstract provided.
Cutting The Gordian Knot: The Case For Allowing Modification Of Home Mortgages In Bankruptcy,
2010
University of Maryland Francis King Carey School of Law
Cutting The Gordian Knot: The Case For Allowing Modification Of Home Mortgages In Bankruptcy, Susan E. Hauser
Journal of Business & Technology Law
No abstract provided.
Insuring Against The Risk Of Collusion In Corporate Bankruptcy Cases: The Uncharted Waters Of The Insured Vs. Insured Exclusion In Directors' And Officers' Liability Insurance Policies,
2010
West Virginia University
Insuring Against The Risk Of Collusion In Corporate Bankruptcy Cases: The Uncharted Waters Of The Insured Vs. Insured Exclusion In Directors' And Officers' Liability Insurance Policies, Cullen Ann Drescher
West Virginia Law Review
No abstract provided.
Government Involvement In Chrysler Bankruptcy: The Least-Worst Alternative?,
2010
University of Michigan Law School
Government Involvement In Chrysler Bankruptcy: The Least-Worst Alternative?, John A. E. Pottow
Articles
As usual, my colleague Jim White has hit many nails on many heads. Also as usual, however, I’m going to be a pain and part ways with him a bit. First, was Chrysler’s bankruptcy “suspicious” in its use of section 363 of the Bankruptcy Code? You bet. Leaving aside the proliferation of 363 sales to swallow Chapter 11 as we once knew it, Chrysler was out in left field. Not only was it a “sale” of everything meaningful in the company, it was to a seller—Fiat—that put in no money. (To be fair, Fiat agreed to contribute technological know-how on …
Panel 3: Bankruptcy & Restructuring Of Financial Institutions,
2010
Columbia Law School
Panel 3: Bankruptcy & Restructuring Of Financial Institutions, Barry E. Adler, William A. Ackman, Marcia L. Goldstein, Arthur J. Gonzalez, Michael J. Krimminger, Edward R. Morrison
Faculty Scholarship
Barry Adler: Thank you all for being here. It is an honor for me to be on this panel and an honor to moderate it. Let me introduce our panel before we get started. William A. Ackman, the founder and CEO of Pershing Square Capital Management; Marsha Goldstein, a partner and chair of the business finance and restructuring department at Weil, Gotshal; the Honorable Arthur Gonzalez, a judge in the U.S. Bankruptcy Court for the Southern District of New York; and Ed Morrison, the Harvey Miller Professor of Law and Economics at Columbia Law School. Also on this panel is …
Yellowstone Mountain Club,
2010
University of Tennessee College of Law
Yellowstone Mountain Club, Benjamin Signer, Paul Wehmeier, Joseph Whelan
Chapter 11 Bankruptcy Case Studies
No abstract provided.
