Undocumented Debtors,
2012
Rutgers University School of Law-Newark
Undocumented Debtors, Chrystin Ondersma
University of Michigan Journal of Law Reform
Undocumented immigrants in financial distress are barred from seeking many forms of assistance. Bankruptcy is one tool that is, in theory, available to undocumented debtors because legal status is not a prerequisite to bankruptcy relief. This Article explores undocumented debtors' interactions with the bankruptcy system. Undocumented debtors face both formal and informal barriers to bankruptcy filing, including fear of deportation, misinformation, and the legal requirement that the debtor produce financial records. It is both possible and desirable to ease many of these barriers. Bankruptcy relief facilitates the rehabilitation of debtors in financial distress, contributes to the economic well-being of the …
Till V. Scs Credit Corp.: Can You "Till" Me How To Cram This Down? The Supreme Court Addresses The Proper Approach To Calculating Cram Down Interest Rates,
2012
Pepperdine University
Till V. Scs Credit Corp.: Can You "Till" Me How To Cram This Down? The Supreme Court Addresses The Proper Approach To Calculating Cram Down Interest Rates, Phillip J. Giese
Pepperdine Law Review
No abstract provided.
The Damage Of Debt,
2012
Washington and Lee University School of Law
The Damage Of Debt, Katherine Porter
Washington and Lee Law Review
No abstract provided.
Mortgage Wars Episode V - The Empiricist Strikes Back (Or Out): A Reply To Professor Levitin's Response ,
2012
Pepperdine University
Mortgage Wars Episode V - The Empiricist Strikes Back (Or Out): A Reply To Professor Levitin's Response , Mark S. Scarberry
Pepperdine Law Review
Professor Adam Levitin has responded to my recent symposium article critiquing proposed congressional legislation that would allow modification (including strip down) of home mortgages in Chapter 13 bankruptcy. A portion of my Critique criticized his empirical studies concerning the likely effect of the proposed legislation on mortgage interest rates and availability, and also criticized the arguments he has made in support of the proposed legislation. The Critique did note, however, that the insight involved in conceiving of such empirical studies was impressive. Surprisingly, Professor Levitin’s Response fails to deal with the substantial case authority discussed in my Critique. He treats …
Back To The Future With Chapter 13: A Response To Professor Scarberry,
2012
Pepperdine University
Back To The Future With Chapter 13: A Response To Professor Scarberry, Adam J. Levitin
Pepperdine Law Review
Professor Mark Scarberry has put forth a formidable critique of my empirical study of mortgage market sensitivity to bankruptcy modification risk. As this response shows, however, his critique does not hold up under scrutiny. Professor Scarberry argues that my study design is invalid because, as he reads the current state of the law, cramdown is virtually impossible. Therefore, he contends, we should not expect markets to exhibit sensitivity to cramdown risk, so no policy conclusions can be derived from my finding of market insensitivity. Regrettably, Professor Scarberry overreads the state of the law. The law is in fact unsettled, and …
A Critique Of Congressional Proposals To Permit Modification Of Home Mortgages In Chapter 13 Bankruptcy,
2012
Pepperdine University
A Critique Of Congressional Proposals To Permit Modification Of Home Mortgages In Chapter 13 Bankruptcy, Mark S. Scarberry
Pepperdine Law Review
Proposed amendments to the Bankruptcy Code permitting strip down of under secured home mortgages to the court-determined value of the homes and other modifications of home mortgages in Chapter 13 would substantially alter the risk characteristics of home mortgages, with likely substantial effects on future mortgage interest rates and future mortgage availability. Thus, the future societal cost of such a change in the law likely would be large. This article explains and supports that thesis, primarily on the ground that the proposed changes would leave mortgage holders with all of the future downside risk in the real property market while …
Contingent Capital With Sequential Triggers,
2012
University of San Diego
Contingent Capital With Sequential Triggers, Wulf A. Kaal, Christoph K. Henkel
San Diego Law Review
Contingent capital has great potential to help make systemically important financial institutions (SIFIs) safer, minimize systemic risk, and help avoid another financial crisis. United States policymakers may not have fully utilized the potential of contingent capital. A draft by the European Union (EU) Commission already suggests the mandatory issuance of contingent capital securities in the resolution phase of systemically important banks in Europe. The Dodd-Frank Wall Street Reform and Consumer Protection Act mandates a study on the feasibility of contingent capital. This Article proposes the use of contingent capital with a sequential trigger as an early preventative tool and as …
Bankruptcy Federalism: A Doctrine Askew ,
2012
Pepperdine University
Bankruptcy Federalism: A Doctrine Askew , Margaret Howard
Pepperdine Law Review
No abstract provided.
Does Ideology Matter In Bankruptcy? Voting Behavior On The Courts Of Appeals,
2012
William & Mary Law School
Does Ideology Matter In Bankruptcy? Voting Behavior On The Courts Of Appeals, Jonathan Remy Nash, Rafael I. Pardo
William & Mary Law Review
This Article empirically examines whether courts of appeals judges cast ideological votes in the bankruptcy context. The empirical study is unique insofar as it is the first to examine the voting behavior of circuit court judges in bankruptcy cases. More importantly, it focuses on a particular type of dispute that arises in bankruptcy: debt-dischargeability determinations. The study implements this focused approach in order to reduce heterogeneity in result. We find, contrary to our hypotheses, no evidence that circuit court judges engage in ideological voting in bankruptcy cases. We also find, however, non-ideological factors—including the race of the judge and the …
Keeping Score When Bankruptcy Principles And The Federal Anti-Assignment Act Collide: Government Contractors' Options Concerning Executory Contracts,
2012
Pepperdine University
Keeping Score When Bankruptcy Principles And The Federal Anti-Assignment Act Collide: Government Contractors' Options Concerning Executory Contracts, Tanya M. Kiatkulpiboone
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Software Licenses, Source Code Escrows, And
Trustee Powers Under 11 U.S.C. §365,
2012
Pepperdine University
Software Licenses, Source Code Escrows, And Trustee Powers Under 11 U.S.C. §365, James E. Raymond
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Mesa Airlines,
2012
University of Tennessee College of Law
Mesa Airlines, Brittany Brent, Lindy Harris
Chapter 11 Bankruptcy Case Studies
No abstract provided.
The Bankruptcy Of Golfers' Warehouse, Inc.: A Lesson In How To Sell A Business In Chapter 11,
2012
University of Tennessee College of Law
The Bankruptcy Of Golfers' Warehouse, Inc.: A Lesson In How To Sell A Business In Chapter 11, Briton Collins, Will Smith, David Choi
Chapter 11 Bankruptcy Case Studies
No abstract provided.
Independence Air,
2012
University of Tennessee College of Law
Independence Air, Kara West, Patrick Woodside
Chapter 11 Bankruptcy Case Studies
No abstract provided.
Lambuth,
2012
University of Tennessee College of Law
Lambuth, Jennifer Crake, Zackarij Gradner, Scott Mcleod
Chapter 11 Bankruptcy Case Studies
No abstract provided.
Movie Gallery,
2012
University of Tennessee College of Law
Movie Gallery, Cornell Kennedy, Phylinda Ramsey, Kevin Rayburn
Chapter 11 Bankruptcy Case Studies
No abstract provided.
In Re Jazz Photo Corp.,
2012
University of Tennessee College of Law
In Re Jazz Photo Corp., Archie Carden, Cory Swainston
Chapter 11 Bankruptcy Case Studies
No abstract provided.
In Re Adelphia Communications Corp.,
2012
University of Tennessee College of Law
In Re Adelphia Communications Corp., Hilari Sheffield, Adam Smith
Chapter 11 Bankruptcy Case Studies
No abstract provided.
New Era Bankruptcy,
2012
University of Tennessee College of Law
New Era Bankruptcy, Holly N. Mancl
Chapter 11 Bankruptcy Case Studies
No abstract provided.
Cross-Border Bankruptcy And The Cooperative Solution,
2012
University of Maryland Francis King Carey School of Law
Cross-Border Bankruptcy And The Cooperative Solution, Leah Barteld
Student Articles and Papers
Cross-border bankruptcy continues to be an important topic within bankruptcy regimes worldwide. As more corporations find themselves interacting in a market without the confines of geographic borders, countries need to adapt their regulatory schemes to be able to properly handle an orderly liquidation or reorganization without an adverse impact on the economy. This paper discuses the challenges of a cross-border bankruptcy regime that would be effective and proposes a cooperative solution for increasing coordination among insolvency proceedings. As a result of increasing cooperation among jurisdiction in light of the recent and ongoing financial crisis, reform within the bankruptcy regimes around …
