When Faith Falls Short: Bankruptcy Decisions Of Churches,
2015
Indiana University Maurer School of Law
When Faith Falls Short: Bankruptcy Decisions Of Churches, Pamela Foohey
Articles by Maurer Faculty
What does a church do when it is about to go bust? Religious organizations, like any business, can experience financial distress. Leaders could try to solve their churches’ financial problems on their own. Perhaps leaders do not view the problems as addressable with law. Or perhaps they do not think, as a moral or spiritual matter, that they should resort to the legal system, such as bankruptcy, to deal with their churches’ inability to pay its debts. Yet about ninety religious organizations seek to reorganize under the Bankruptcy Code every year. This Article relies on interviews with forty-five of these …
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.
Recent Developments In Estoppel And Preclusion Doctrines In Consumer Bankruptcy Cases; Volume Ii Of Ii: Preclusion,
2015
ShannonGracey
Recent Developments In Estoppel And Preclusion Doctrines In Consumer Bankruptcy Cases; Volume Ii Of Ii: Preclusion, Kevin M. Lewis, Paul M. Lopez, Scott Lawrence, Tim Springer
Oklahoma 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 …
Condemning A Residential Mortgage Loan: Is It An Extraterritorial Taking?,
2015
Liberty University School of Law
Condemning A Residential Mortgage Loan: Is It An Extraterritorial Taking?, Michael M. Sandez
American University Business Law Review
No abstract provided.
Motions To Withdraw The Reference - An Empirical Study,
2015
Wayne State University
Motions To Withdraw The Reference - An Empirical Study, Laura B. Bartell
Law Faculty Research Publications
No abstract provided.
The Value Of Soft Variables In Corporate Reorganizations,
2015
University of Maryland Francis King Carey School of Law
The Value Of Soft Variables In Corporate Reorganizations, Michelle M. Harner
Faculty Scholarship
When a company is worth more as a going concern than on a liquidation basis, what creates that additional value? Is it the people, management decisions, the simple synergies of the operating business, or some combination of these types of soft variables? And perhaps more importantly, who owns or has an interest in these soft variables? This article explores these questions under existing legal doctrine and practice norms. Specifically, it discusses the characterization of soft variables under applicable law and in financing documents, and it surveys related judicial decisions. It also considers the overarching public policy and Constitutional implications of …
Consent: Its Scope, Blips, Blemishes, And A Bekins Extrapolation Too Far (Keynote Address),
2015
Chief Judge, U.S. Bankruptcy Court for the Northern District of Alabama
Consent: Its Scope, Blips, Blemishes, And A Bekins Extrapolation Too Far (Keynote Address), Hon. Thomas B. Bennett
Campbell Law Review
No abstract provided.
Positive Liberty In Public Finance: State Oversight Of Local-Government Debt And The North Carolina Model,
2015
Campbell University School of Law
Positive Liberty In Public Finance: State Oversight Of Local-Government Debt And The North Carolina Model, Adam C. Parker
Campbell Law Review
No abstract provided.
