In Re J.J. Re–Bar Corp.: The Application Of The Anti-Injunction Act,
2012
St. John's University School of Law
In Re J.J. Re–Bar Corp.: The Application Of The Anti-Injunction Act, Eric Dostal
Bankruptcy Research Library
(Excerpt)
The Anti–Injunction Act is a provision of the U.S Code that prohibits any court from impeding the Internal Revenue Service from collecting an assessed tax. The Circuits have applied the Anti–Injunction Act to bankruptcy proceedings in two different ways. When the IRS seeks to assess a tax against a corporate fiduciary of a bankrupt corporation, as when the IRS tries to collect a penalty associated with unpaid payroll taxes, the Circuits have held that the Anti–Injunction Act allows the IRS to collect the funds it is entitled to without any interference. However, when the IRS attempts to collect unpaid …
Discrimination In Hiring Based On Past Bankruptcy Filing Allowed For Private Employers,
2012
St. John's University School of Law
Discrimination In Hiring Based On Past Bankruptcy Filing Allowed For Private Employers, Megan Quail
Bankruptcy Research Library
(Excerpt)
Section 525 of the Bankruptcy Code protects employees who currently are or have previously been in bankruptcy from discrimination. It contains two subsections. Subsection (a) states that government employers may not deny employment to, terminate the employment of, or discriminate with respect to employment against a person who has filed bankruptcy solely because of that filing. Subsection (b) provides that no private employer “may terminate the employment of, or discriminate with respect to employment against” individuals for declaring bankruptcy. The salient difference is that the section applying to private employers does not mention denial of employment in its list …
A Casus Omissus In Preventing Bankruptcy Fraud: Ordering A Search Of A Debtor’S Home, 73 Ohio State Law Journal 93 (2012).,
2012
University of Denver
A Casus Omissus In Preventing Bankruptcy Fraud: Ordering A Search Of A Debtor’S Home, 73 Ohio State Law Journal 93 (2012)., Michael D. Sousa
Sturm College of Law: Faculty Scholarship
Most individual debtors file for bankruptcy relief with honest intentions. Nonetheless, there is also an underside to the American bankruptcy law system that often goes unreported and ignored in the scholarly literature, namely, the commission of fraud by debtors who seek protection under the Bankruptcy Code. One of the ways in which fraud upon the bankruptcy system occurs is when debtors intentionally conceal assets from the bankruptcy process. Indeed, reported bankruptcy court decisions are rife with examples of debtors attempting to hide or shield assets from their creditors. Debtors who are discovered concealing assets are subject to certain civil remedies, …
Business Insolvency And The Irish Debt Crisis, 11 Rich. J. Global L. & Bus. 407 (2012),
2012
John Marshall Law School
Business Insolvency And The Irish Debt Crisis, 11 Rich. J. Global L. & Bus. 407 (2012), Paul B. Lewis
UIC Law Open Access Faculty Scholarship
Among the volume of material written about the Irish debt crisis and its impact over the past few years, strikingly little has been written about the ability to save a financially distressed company under Irish law and whether corporate restructuring could have mitigated some of the financial damage to Irish companies, particularly those in the property and construction industries. There is a reason for this. The number of filings under the Examinership law - the rough equivalent of Chapter 11 in the United States - remained small and relatively constant during both the recent boom and the more immediate bust …
Student Loans, Politics, And The Occupy Movement: Financial Aid Rebellion And Reform, 46 J. Marshall L. Rev. 105 (2012),
2012
UIC School of Law
Student Loans, Politics, And The Occupy Movement: Financial Aid Rebellion And Reform, 46 J. Marshall L. Rev. 105 (2012), Kamille Wolff Dean
UIC Law Review
No abstract provided.
Business Insolvency And The Irish Debt Crisis,
2012
The John Marshall Law School
Business Insolvency And The Irish Debt Crisis, Paul B. Lewis
Richmond Journal of Global Law & Business
No abstract provided.
Considerations For Private Equity Firms When Utilizing Chapter 11 New Value Deals,
2012
University of Michigan Law School
Considerations For Private Equity Firms When Utilizing Chapter 11 New Value Deals, Alexandra Wilde
Michigan Business & Entrepreneurial Law Review
The new value exception to the Chapter 11 absolute priority rule provides a narrow avenue for equity holders to retain an equity interest in a reorganized company over the objections of senior creditors and interest holders. With the increasing number of Chapter 11 reorganization filings by private equity owned companies, private equity firms may be interested in exploring ways to retain their equity ownership in the debtor company. This Note explores the unique implications a private equity firm may encounter when attempting to utilize the new value exception as a last resort to maintain ownership in a debtor company. Part …
William Edwin Lindsey,
2012
University of Tennessee College of Law
William Edwin Lindsey, Lida Griest, Chris Inklebarger, Sydney Koch
Chapter 11 Bankruptcy Case Studies
No abstract provided.
What We “Know” About Chapter 11 Cost Is Wrong,
2012
Fordham Law School
What We “Know” About Chapter 11 Cost Is Wrong, Stephen J. Lubben
Fordham Journal of Corporate & Financial Law
Among the collective wisdom about large corporate bankruptcy cases, the following points are almost undisputed: Longer chapter 11 cases cost more; prepackaged chapter 11 cases cost less; cases filed in New York or Delaware cost more; and fee examiners control the costs of big chapter 11 cases. But each of these points is wrong, and in most cases entirely backward. This Article provides empirical evidence to show why. Ultimately, I argue that the complexity of the bankruptcy and the compensation structure of the professionals retained (which may itself reflect further aspects of complexity) are the key determinants of cost. The …
The Consumer Bankruptcy Fee Study: Final Report,
2012
University of Maine School of Law
The Consumer Bankruptcy Fee Study: Final Report, Lois R. Lupica
Faculty Publications
The Consumer Fee Study’s primary objective is to identify and monetize these costs of bankruptcy access through the analysis of quantitative and qualitative data gathered from court dockets and from professionals working within the bankruptcy system. We began the quantitative section with the hypothesis that following BAPCPA’s enactment, the cost of accessing the consumer bankruptcy system increased. We set out to determine the degree of increased costs, as well as to identify the specific policies and practices affecting these costs. Additionally, we endeavored to evaluate, with specificity, how diverse local procedures and guidelines impact the system’s processes and outcomes. Our …
Still Solvent: The Third Circuit Continues To Support "Deepening Insolvency" As A Viable Tort Claim In In Re Lemington Home For The Aged,
2012
Villanova University Charles Widger School of Law
Still Solvent: The Third Circuit Continues To Support "Deepening Insolvency" As A Viable Tort Claim In In Re Lemington Home For The Aged, Eric Kim
Villanova Law Review (1956 - )
No abstract provided.
The Case For Value Billing In Chapter 11,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Case For Value Billing In Chapter 11, Nancy B. Rapoport
Scholarly Works
This article explores the forces contributing to very high professional fees in large Chapter 11 cases and suggests that lawyers might want to consider valuing their services in ways other than the traditional billable hour approach.
Still Chasing Chimeras But Finally Slaying Some Dragons In The Quest For Consumer Bankruptcy Reform, 25 Loy. Consumer L. Rev. 1 (2012),
2012
John Marshall Law School
Still Chasing Chimeras But Finally Slaying Some Dragons In The Quest For Consumer Bankruptcy Reform, 25 Loy. Consumer L. Rev. 1 (2012), Jason Kilborn
UIC Law Open Access Faculty Scholarship
Consumer bankruptcy systems in Europe and the United States have witnessed especially robust and dynamic development during the past decade. The ever-rising volume of seeking entry to these systems now allows for cross-systemic comparisons of substantially differing “markets” for the relief that these systems offer. In particular, the distinct trend toward greater efficiency seen in other financial markets can be increasingly observed in most consumer bankruptcy regimes, with some notable exceptions. In this context, market performance can be gauged in part by the degree to which systems offer efficient and effective relief as a stimulus to deploying available debtor resources …
The Bankruptcy Of D & K Aviation,
2012
University of Tennessee College of Law
The Bankruptcy Of D & K Aviation, T J. Hatter, Maurice Echols, Michael Mason
Chapter 11 Bankruptcy Case Studies
No abstract provided.
Solyndra,
2012
University of Tennessee College of Law
Solyndra, Brandon Brewer, Matthew Kinsey, Anthony Mendenhall
Chapter 11 Bankruptcy Case Studies
No abstract provided.
The New Danger Of Being Fired: Section 525(B)’S Disproportionate Effect On Older Workers And A Call To Amend,
2012
Northwestern Pritzker School of Law
The New Danger Of Being Fired: Section 525(B)’S Disproportionate Effect On Older Workers And A Call To Amend, Jina Kim Yun
Northwestern Journal of Law & Social Policy
This Note explores an increasingly perverse effect of an anti-discriminatory provision of the Bankruptcy Code on numerous Americans who have declared personal bankruptcies after the recent economic recession of 2007. Under § 525(b) of the Bankruptcy Code, a private employer is not prohibited from barring a former debtor from prospective employment based on a past insolvency. This provision has had an immense impact on the large number of former debtors seeking the fresh start that bankruptcy law is meant to provide. With the dramatic increase in the number of personal bankruptcies, this Note argues that such an impact is overly …
Improving Bankruptcy Sales By Raising The Bar: Imposing A Preliminary Injunction Standard For Objections To § 363 Sales,
2012
The Catholic University of America, Columbus School of Law
Improving Bankruptcy Sales By Raising The Bar: Imposing A Preliminary Injunction Standard For Objections To § 363 Sales, Matthew A. Bruckner
Catholic University Law Review
No abstract provided.
Sec V. Byers,
2012
New York Law School
Hamilton V. Lanning: The Economic Implications Of Forecasting A Debtor's Disposable Income,
2012
University of Maryland Francis King Carey School of Law
Hamilton V. Lanning: The Economic Implications Of Forecasting A Debtor's Disposable Income, Tracy L. Leyba
Journal of Business & Technology Law
No abstract provided.
The Effect Of Franchisor Bankruptcy On Executory Supply Contracts: Does The Franchisee Have A Remedy?,
2012
Barry University School of Law
The Effect Of Franchisor Bankruptcy On Executory Supply Contracts: Does The Franchisee Have A Remedy?, Matthew J. Burne
Barry Law Review
No abstract provided.
