Bankruptcy Law Commons^™

Mandatory Class Action Lawsuits As A Restructuring Technique, Bryant B. Edwards, Jeffrey A. Herbst, Selina K. Hewitt

Pepperdine Law Review

No abstract provided.

Home Mortgage Strip Down In Chapter 13 Bankruptcy: A Contextual Approach To Sections 1322(B)(2) And (B)(5), Mark S . Scarberry, Scott M. Reddie

Pepperdine Law Review

No abstract provided.

Bankruptcy Law, Hon. Douglas O. Tice Jr., K. Elizabeth Sieg, David W. Gaffey

University of Richmond Law Review

No abstract provided.

Playing The "Get Out Of College Free" Card: Dischargeability Of Educational Debts In Chapter 7 Bankruptcy, Julie J. Heimark

Pepperdine Law Review

No abstract provided.

Continuing The Litigation Of Collateral Valuation In Bankruptcy: Associates Commercial Corp. V. Rash, Kenneth L. Reich

Pepperdine Law Review

No abstract provided.

State Default And Synthetic Bankruptcy, Richard M. Hynes

Washington Law Review

An insolvent state does not need bankruptcy if sovereign immunity would protect it from lawsuits and other collection efforts. To the extent that a state is not judgment-proof and needs bankruptcy, we may not need to modify the Federal Bankruptcy Code to allow it to file. First, a substantial share of state spending flows through their municipalities, and these municipalities have substantial obligations of their own. Unlike states, municipalities can file for bankruptcy under current law, and a state could substantially reduce the cost of accomplishing its own fiscal goals by forcing its municipalities to file. Second, states may be …

The Law Of Ponzi Payouts, Spencer A. Winters

Michigan Law Review

When a Ponzi scheme collapses, there will typically be net winners and net losers. The bankruptcy trustee will often seek to force the net winners - those who received more money back from the Ponzi scheme than they invested - to disgorge their profits. Courts diverge on whether they should compel disgorgement in this instance. This Note argues that under prevailing fraudulent transfer law, net winners in a Ponzi scheme need not disgorge their profits. This is because the investor's dollar-for-dollar discharge of a preexisting debt constitutes the transfer of value in exchange for the payout. There are two exceptions …

Rehabilitating Bankruptcy Reform, Kara J. Bruce

Nevada Law Journal

No abstract provided.

Defending The Current State Of Section 363 Sales, Jared A. Wilkerson

W&M Law Student Publications

Notwithstanding the priority-based controversy following the Chrysler and GM § 363(b) sales, value is the central dispute dominating the asset sale debate. Given the mounting data purporting to show that sales harm junior creditors by producing low value, I confront two issues in this article. First, I address the depth and breadth of the low value phenomenon for junior creditors, concluding that(a) although sales appear to cut deeply into creditor recoveries, causation has yet to be shown; and (b) sales have not, contrary to the predictions of some scholars, overtaken reorganization. Second, using qualitative and quantitative analysis, I challenge four …

Bankruptcy, James D. Walker Jr., Amber Nickell

Mercer Law Review

This Article offers a review of recent bankruptcy law developments' in the United States Court of Appeals for the Eleventh Circuit.' Two notable areas of activity in the past year included: (1) bankruptcy court jurisdiction, which was ruled on by the United States Supreme Court; and (2) mortgages in Chapter 13 cases, which were the subject of both case law and a new bankruptcy rule.

Did Bad Debtors Influence The Tenth Circuit To Make An Unfortunate Decision? Making Reorganization More Difficult For Farmers In United States V. Dawes, Laura Jones

BYU Law Review

No abstract provided.

Were "It" To Happen: Contract Continuity Under Euro Regime Change, Robert C. Hockett

Cornell Law Faculty Working Papers

One way or another, the European Monetary Union (EMU) is apt to endure. The prospect of continuation under the precise contours of the regime as we presently find it, however, is anything but certain. Hence many investors and other actual or prospective contract parties are likely to remain skittish until matters grow clearer. This skittishness, importantly, can itself hamper the prospect of expeditious European recovery. Addressing particular sources of ongoing uncertainty about EMU prospects can itself therefore aid in the project of recovery.

This Essay accordingly aims to impose structure upon one particular, and indeed particularly complex, source of uncertainty …

Asbestos Litigation And Bankruptcy: A Case Study For Ad Hoc Public Policy Limitations On Joint And Several Liability, Richard L. Cupp Jr

Pepperdine Law Review

Over a decade ago, the Federal Judicial Conference warned of an asbestos litigation “disaster of major proportions.” The Supreme Court of the United States has described the litigation as a “crisis.” According the RAND Institute for Civil Justice, by the end of 2000, more than 600,000 asbestos claims were filed. RAND estimates that as many as three million more plaintiffs may eventually file claims. Most new claimants are not sick. The flood of claims has forced almost sixty companies into bankruptcy; many of these bankruptcies are very recent. As a result, defendants with only remote connections to asbestos – known …

Legislative Attempts To Address Asbestos Litigation, Steven Kazan

Pepperdine Law Review

No abstract provided.

Asbestos Legislation Ii: Section 524(G) Without Bankruptcy, Francis E. Mcgovern

Pepperdine Law Review

No abstract provided.

Gaming Restructuring In Nevada, Jennifer L. Carleton, Andrew D. Moore

UNLV Gaming Law Journal

In this Article, we examine the various laws and regulations that affect a gaming enterprise debtor and its creditors. We examine various examples of overleveraged gaming companies operating in Nevada and the steps taken to modify these companies’ financial obligations. Our analysis focuses on four gaming companies that filed for bankruptcy protection—Tropicana Entertainment, Station Casinos, Riviera Holdings, and Black Gaming-and three gaming companies that restructured their debt obligations, through differing procedures but without filing for bankruptcy protection—Cosmopolitan, M Resort, and Palms.

Introduction: Bankruptcy, Debt & Gaming Law Symposium, Jennifer L. Carleton

UNLV Gaming Law Journal

An introduction to the symposium issue on Bankruptcy, Debt & Gaming Law.

The Long And Winding Road: State Sovereign Immunity's Effect On Gaming License Revocation For The Casino Debtor, Christopher M. Humes

UNLV Gaming Law Journal

One of the most vital and contentious proceedings between a casino debtor and a regulatory agency is a post-petition license revocation hearing. Much debate exists about whether the license qualifies as property of the estate and whether the regulatory agency can be exempted from the protections inherent in the Bankruptcy Code due to the use of police and regulatory power. However, maybe the most contentious and impactful debate is whether the regulatory agency is free from the bankruptcy court’s jurisdiction due to the Eleventh Amendment’s guarantee of sovereign immunity.

At the center of the tension concerning sovereign immunity lies 11 …

Introduction: Bankruptcy, Debt & Gaming Law Symposium, Robert D. Faiss

UNLV Gaming Law Journal

An introduction to the symposium issue on Bankruptcy, Debt & Gaming Law.

When Gaming Goes Heads Up With The Bankruptcy Code: Unique Restructuring Issues For Gaming Businesses In Difficult Economic Times, Dawn M. Cica, Laury M. Macauley

UNLV Gaming Law Journal

The intersection of gaming and bankruptcy law has long presented legal conflicts that have never been easily reconciled. This problem has been exacerbated in recent years by the current global and national economic turbulence that has greatly impacted the casino gaming industry and has led to a sizeable increase in the number of businesses using bankruptcy to restructure and/or liquidate assets.