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 …
Reader's Digest,
2012
University of Tennessee College of Law
Reader's Digest, Walter Machnicki
Chapter 11 Bankruptcy Case Studies
No abstract provided.
Makalidung's Post: How Stern V. Marshall Is Shaking A Bankruptcy Court Jurisdiction To Its Core,
2012
Duquesne University
Makalidung's Post: How Stern V. Marshall Is Shaking A Bankruptcy Court Jurisdiction To Its Core, Christopher S. Lockman
Duquesne Law Review
No abstract provided.
Three Approaches To Applying 11 U.S.C § 546(E)’S “Safe Harbor” To Private Lbos,
2012
St. John's University School of Law
Three Approaches To Applying 11 U.S.C § 546(E)’S “Safe Harbor” To Private Lbos, Shlomo Lazar
Bankruptcy Research Library
(Excerpt)
The Bankruptcy Code gives a trustee and a debtor-in-possession the authority to avoid fraudulent transactions. However, 11 U.S.C. § 546(e) limits the trustee’s avoiding powers by providing a safe harbor for “settlement payments.” Generally, a “settlement payment” is a payment of cash or securities made to complete a securities transaction. For example, money that an individual pays to a stockbroker to buy publicly traded shares is a settlement payment. A recent issue that has arisen is whether payments made to former shareholders in connection with a private leveraged buyout (LBO) constitute a “settlement payment.”
Depending on which jurisdiction a …
The Ponzi Scheme Presumption And Fraudulent Conveyances In The 21st Century: It’S Not Just Black And White,
2012
St. John's University School of Law
The Ponzi Scheme Presumption And Fraudulent Conveyances In The 21st Century: It’S Not Just Black And White, Gabriella B. Zahn
Bankruptcy Research Library
(Excerpt)
Section 548(a)(1)(A) of the Bankruptcy Code (the “Code”) allows the trustee of a bankruptcy estate to avoid a transfer made by the debtor “with actual intent to hinder, delay, or defraud” an entity to which the debtor was or became indebted, as long as the transfer was made within two years of filing. Because it is difficult to prove that a transfer was made with such actual intent, courts have applied the so-called “Ponzi scheme presumption.” In cases involving conveyances in Ponzi schemes, the “Ponzi scheme presumption” allows the court to assume that a transfer was made with the …
