Getting More Than Justice On Paper: Bankruptcy Priorities And The Crisis Of Unpaid Wages,
2015
Maurice A. Deane School of Law at Hofstra University
Getting More Than Justice On Paper: Bankruptcy Priorities And The Crisis Of Unpaid Wages, Omer Kimhi
Hofstra Law Review
The article discusses the legal aspects of bankruptcy wage priorities and unpaid wage claims in America as of 2015, and it mentions the U.S. Bankruptcy Code, as well as justice and the author's support for the adoption of an insurance-based model to help protect the legal rights of employees, employers, and unsecured creditors in America. Bankruptcy-related costs are examined, along with legal remedies and the problems associated with employees' efforts to collect unpaid wages from employers.
Symposium Foreword,
2015
Campbell University School of Law
The Disguise Of Municipal Bonds: How A Safe Bet In Investing Can Become An Unexpected Uncertainty During Municipal Bankruptcy,
2015
Campbell University School of Law
The Disguise Of Municipal Bonds: How A Safe Bet In Investing Can Become An Unexpected Uncertainty During Municipal Bankruptcy, Maryjane Richardson
Campbell Law Review
No abstract provided.
Pensions Or Paintings?: The Detroit Institute Of Arts From Bankruptcy To Grand Bargain, 24 U. Miami Bus. L. Rev. 1 (2015),
2015
John Marshall Law School
Pensions Or Paintings?: The Detroit Institute Of Arts From Bankruptcy To Grand Bargain, 24 U. Miami Bus. L. Rev. 1 (2015), Maureen Collins
UIC Law Open Access Faculty Scholarship
This article examines the issues faced by the City of Detroit and the Detroit Institute of Arts when Detroit filed for municipal bankruptcy. Creditors called for the sale of the highly esteemed DIA art collection to pay outstanding municipal pension obligations. The DIA and the Michigan Attorney General viewed the collection not as an asset, but as a charitable public trust. Simply put, the City faced the question of what mattered most – pensions or paintings? Along the way, the parties and courts struggled with valuation of the art collection, a history of judicial decisions and lawmaking regarding charitable trusts …
Chapter 9 Plan Confirmation Standards And The Role Of State Choices,
2015
Professor of Law, Widener University School of Law
Chapter 9 Plan Confirmation Standards And The Role Of State Choices, Juliet M. Moringiello
Campbell Law Review
No abstract provided.
Fraud And Defalcation By A Fiduciary: The Amorphous Exception To Bankruptcy Discharge,
2015
University of Baltimore Law
Fraud And Defalcation By A Fiduciary: The Amorphous Exception To Bankruptcy Discharge, H.C. Jones Iii
University of Baltimore Law Review
No abstract provided.
Bankruptcy Protection Of Retirement Plan Beneficiaries After Clark V. Rameker,
2015
University of Missouri - Kansas City, School of Law
Bankruptcy Protection Of Retirement Plan Beneficiaries After Clark V. Rameker, Karen K. Suhre, Courtney M. Vormund, Christopher R. Hoyt
Faculty Works
No abstract provided.
Producing Better Mileage: Advancing The Design And Usefulness Of Hybrid Vehicles For Social Business Ventures,
2015
University of Missouri - Kansas City, School of Law
Producing Better Mileage: Advancing The Design And Usefulness Of Hybrid Vehicles For Social Business Ventures, John E. Tyler, Evan Absher, Kathleen Garman, Anthony J. Luppino
Faculty Works
Since 2008 approximately half of the states in the U.S. have enacted statutes permitting “hybrid” business forms that blend aspects of traditional for-profit ventures with characteristics normally associated with traditional non-profit entities. This article analyzes theoretical, academic, practical, legal, and regulatory questions regarding the extent to which the existing hybrids are suited to achieving social purposes objectives, including in comparison to modified traditional forms of business organization. Finding the current fleet of hybrids an innovative, useful start, but with need to evolve, this article proposes statutory language (set forth in a detailed appendix, and summarized in the article text), and …
"Deemed" Security Interests In Ucc Article 9: Avoiding Traps For The Unwary, 14 Depaul Bus. & Com. L.J. 79 (2015),
2015
John Marshall Law School
"Deemed" Security Interests In Ucc Article 9: Avoiding Traps For The Unwary, 14 Depaul Bus. & Com. L.J. 79 (2015), Paul T. Wangerin
UIC Law Open Access Faculty Scholarship
Uniform Commercial Code (“UCC”) Section 1-201(35) provides in its detailed definition of security interests that “security interest” means “an interest in personal property or fixtures which secures payment or performance of an obligation.” Other parts of the UCC demonstrate that two relatively distinct kinds of security interests exist. First, the UCC notes that parties to transactions can create security interests by executing “security agreements.” For convenience sake, the security interests created by security agreements can be called “conventional” or “agreed upon” security interests. Second, various sections of the UCC describe security interests that come into existence by operation of law …
Disciplining The Financial Failure: An Exploration Of Bankruptcy Law As An Active Discourse In Market Capitalism,
2015
Barry University
Disciplining The Financial Failure: An Exploration Of Bankruptcy Law As An Active Discourse In Market Capitalism, Linda E. Coco
Faculty Scholarship
No abstract provided.
Reflections Of The World Bank’S Report On The Treatment Of The Insolvency Of Natural Persons In The Newest Consumer Bankruptcy Laws: Colombia, Italy, Ireland, 27 Pace Int'l L. Rev. 306 (2015),
2015
John Marshall Law School
Reflections Of The World Bank’S Report On The Treatment Of The Insolvency Of Natural Persons In The Newest Consumer Bankruptcy Laws: Colombia, Italy, Ireland, 27 Pace Int'l L. Rev. 306 (2015), Jason J. Kilborn
UIC Law Open Access Faculty Scholarship
No abstract provided.
Rules Of Thumb For Intercreditor Agreements,
2015
Columbia Law School
Rules Of Thumb For Intercreditor Agreements, Edward R. Morrison
Faculty Scholarship
Intercreditor agreements frequently restrict the extent to which subordinated creditors can participate in the bankruptcy process by, for example, contesting liens of senior lenders, objecting to a cash collateral motion, or even exercising the right to vote on a plan of reorganization. Because intercreditor agreements can reorder the bargaining environment in bankruptcy, some judges have been unsure about their enforceability. Other judges have not hesitated to enforce the agreements, at least when they do not restrict the voting rights of subordinated creditors. This essay argues that intercreditor agreements are controversial because they pose a trade-off: they reduce bargaining costs (by …
Who Bears The Burden? The Place For Participation Of Municipal Residents In Chapter 9,
2015
Campbell University School of Law
Who Bears The Burden? The Place For Participation Of Municipal Residents In Chapter 9, C. Scott Pryor
Campbell Law Review
No abstract provided.
Is The § 943(B)(7) Feasibility Requirement Feasible? Why Congress Should Clarify Its Chapter 9 Bankruptcy Plan Requirements,
2015
Campbell University School of Law
Is The § 943(B)(7) Feasibility Requirement Feasible? Why Congress Should Clarify Its Chapter 9 Bankruptcy Plan Requirements, Anderson M. Shackelford
Campbell Law Review
No abstract provided.
Letter To Judge Rhodes: An Evaluation Of The Expert Report Of Martha E.M. Kopacz Regarding The Feasibility Of The City Of Detroit Plan Of Adjustment,
2015
Wayne State University
Letter To Judge Rhodes: An Evaluation Of The Expert Report Of Martha E.M. Kopacz Regarding The Feasibility Of The City Of Detroit Plan Of Adjustment, Peter J. Hammer
Law Faculty Research Publications
No abstract provided.
Stay Imposed - The Failed Policy Of Section 362(C)(4),
2015
Wayne State University
Stay Imposed - The Failed Policy Of Section 362(C)(4), Laura B. Bartell
Law Faculty Research Publications
No abstract provided.
The Chapter 13 Debtor's Absolute Right To Dismiss,
2015
Cleveland State University
The Chapter 13 Debtor's Absolute Right To Dismiss, Daniel J. Sheffner
Cleveland State Law Review
This Article discusses the current state of the Chapter 13 dismissal circuit split, providing an overview of 1307(b) and other relevant sections of the Bankruptcy Code, illustrative pre Marrama case law on either side of the divide, and the Marrama decision itself. This Part examines Marrama’s role in shifting the debate from one based primarily on 1307’s text to that of the bankruptcy courts’ general powers to sanction bad faith conduct, as well as lower courts’ responses to that decision. Part III examines Law, paying special attention to the Court’s discussion of the limitations placed on bankruptcy courts’ statutory and …
Changes In Chapter 11 Success Levels Since 1980,
2015
University of Florida Levin College of Law
Changes In Chapter 11 Success Levels Since 1980, Lynn M. Lopucki
UF Law Faculty Publications
This Article revisits the nine measures of success that Bill Whitford and I reported on in Patterns in the Bankruptcy Reorganization of Large, Publicly Held Companies, with twenty-six additional years of experience and data on 964 additional cases. My principal objective has been to determine whether Chapter 11 has become more or less successful by those measures. I conclude that Chapter 11 has become less successful by three of the seven LoPucki-Whitford criteria for which data are available. The courts confirm plans in a significantly smaller proportion of cases, a significantly smaller proportion of companies survive, and a significantly smaller …
Bankruptcy Survival,
2015
University of Florida Levin College of Law
Bankruptcy Survival, Lynn M. Lopucki, Joseph W. Doherty
UF Law Faculty Publications
Of the large, public companies that seek to remain in business through bankruptcy reorganization, only 70% succeed. The assets of the other 30% are absorbed into other businesses. Success is important both because it is efficient and it preserves jobs, communities, supplier and customer relationships, and tax revenues. This Article reports the findings of the first comprehensive study of the division into successful and failed reorganizations. Eleven conditions best predict companies’ survival prospects. First, a company that even hints in the press release announcing its bankruptcy that it intends to sell its business is highly likely to fail. Second, reorganizations …
Opening Remarks,
2015
Emory University School of Law
Opening Remarks, Robert Schapiro
Emory Bankruptcy Developments Journal
Dean Robert Schapiro's remarks honoring Marjorie Girth at the annual Emory Bankruptcy Developments Journal Banquet. Dean Schapiro highlighted Emory's bankruptcy program, the Twelfth Annual Emory Bankruptcy Developments Journal Symposium held in February, and Marjorie Girth's leadership and achievements in bankruptcy law.
