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.
Collective Bargaining Agreements In Corporate Reorganizations,
2010
University of Miami School of Law
Collective Bargaining Agreements In Corporate Reorganizations, Andrew B. Dawson
Articles
Congress enacted § 1113 to the Bankruptcy Code in 1984 in order to establish a standard for the rejection of Collective Bargaining Agreements. But the statute's ambiguous language has caused a split between the Second and Third Circuits, and has precipitated a lengthy academic debate largely centered on the interpretation of one word: "necessary." This debate has focused on proper statutory interpretation as well as deeper concerns regarding the policy goals behind the Bankruptcy Code. The present study reports data that indicate that the different interpretations are irrelevant in practice. No matter how "necessary" is defined, the result is always …
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.
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.
Automotive Bankruptcy Panel Discussion - November 16, 2009,
2010
Jones Day
Automotive Bankruptcy Panel Discussion - November 16, 2009, David G. Heiman, Stephen Kerotkin, Stephen D. Lerner, Thomas Moers Mayer
Cleveland State Law Review
This panel discussion concerning bankruptcy and the automobile industry took place in the Joseph W. Bartunek III Moot Court Room on the campus of the Cleveland-Marshall College of Law on November 16, 2009.
Reply: Clawback To The Future,
2010
Saint Louis University School of Law
Reply: Clawback To The Future, Miriam A. Cherry, Jarrod Wong
All Faculty Scholarship
In an earlier article also available on Scholarship Commons, Clawbacks: Prospective Contract Measures in an Era of Excessive Executive Compensation and Ponzi Schemes, Minnesota Law Review, Vol. 94, p. 368, 2009, Professors Miriam Cherry and Jarrod Wong set out an initial description and analysis of contractual clawback provisions. In this Reply, Profs. Cherry and Wong address three aspects of Michael Macchiarola's Response: its application of the clawback doctrine to the recoupment of executive compensation; the criticism that the clawbacks doctrine introduces latent subjectivity into contractual analysis; and the apparent operational difficulties in implementing clawbacks.
Single Asset Real Estate And Development Projects: The Kara Homes Mistake,
2010
New York Law School
Single Asset Real Estate And Development Projects: The Kara Homes Mistake, Marshall E. Tracht
Articles & Chapters
The Kara Homes decision held that various affiliates of Kara Homes, Inc., each of which owned a separate real estate project, were "single asset real estate" ("SARE'') cases under the Bankruptcy Code's definition. According to the author of this article, the designation as single asset real estate substantially increased the difficulty faced by the debtors in maintaining their reorganization efforts, and has given lenders and their counsel a significant amount of comfort. However, the definition runs against the actual wording of the Bankruptcy Code, the intent underlying the SARE provisions, and the political winds. It should, and may well, be …
Nothing Natural About It: Still Searching For A Solution To The Chapter 11 Stamp Tax Exemption,
2010
Seattle University School of Law
Nothing Natural About It: Still Searching For A Solution To The Chapter 11 Stamp Tax Exemption, Lindsay K. Taft
Seattle University Law Review
In June of 2008, in Florida Department of Revenue v. Piccadilly Cafeterias, Inc., the Supreme Court settled a circuit split and issued a bright line rule stating that asset transfers made prior to the confirmation of a Chapter 11 plan of reorganization no longer benefit from certain tax exemptions. As a result, the cost of selling assets in a bankruptcy case outside of a plan will increase. The provision at issue in the case, which exempts asset transfers and sales from certain state taxes, contains language ambiguous enough that four federal circuit courts have contemplated which types of asset …
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 …
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 …
