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 …
Chapter 11 Reorganization And The Fair And Equitable Standard: How The Absolute Priority Rule Applies To All Nonprofit Entities,
2012
University of Georgia School of Law
Chapter 11 Reorganization And The Fair And Equitable Standard: How The Absolute Priority Rule Applies To All Nonprofit Entities, Pamela Foohey
Scholarly Works
In recent years, nonprofit entities increasingly have sought bankruptcy protection. Though the Bankruptcy Code does not prevent nonprofits from reorganizing, Chapter 11 was designed for and applies best to for-profit businesses. This creates challenges for courts evaluating a nonprofit’s reorganization plan. This Article focuses on one crucial aspect of a court’s evaluation — the fair and equitable standard, a necessary, but not sufficient condition of which is satisfaction of the absolute priority rule.
The few courts addressing absolute priority claims in nonprofit reorganizations have held that the rule is categorically inapplicable to nonprofit entities except in limited circumstances. These courts …
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.
Consumer Bankruptcy Policy: Ability To Pay And Catholic Social Teaching,
2012
St. Mary's University School of Law
Consumer Bankruptcy Policy: Ability To Pay And Catholic Social Teaching, Richard E. Flint
Faculty Articles
An essay is presented on consumer bankruptcy policy in the U.S. It informs about the significant changes in the consumer bankruptcy introduced by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 including incorporation of an ability-to-pay test as a requirement for getting the benefits of the act. It reviews the Catholic social teaching related to the interrelationship between the dignity of man and his rights and duties to promote justice and the common good.
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.
Chapter 11 Reorganization And The Fair And Equitable Standard: How The Absolute Priority Rule Applies To All Nonprofit Entities,
2012
Indiana University Maurer School of Law
Chapter 11 Reorganization And The Fair And Equitable Standard: How The Absolute Priority Rule Applies To All Nonprofit Entities, Pamela Foohey
Articles by Maurer Faculty
In recent years, nonprofit entities increasingly have sought bankruptcy protection. Though the Bankruptcy Code does not prevent nonprofits from reorganizing, Chapter 11 was designed for and applies best to for-profit businesses. This creates challenges for courts evaluating a nonprofit’s reorganization plan. This Article focuses on one crucial aspect of a court’s evaluation — the fair and equitable standard, a necessary, but not sufficient condition of which is satisfaction of the absolute priority rule.
The few courts addressing absolute priority claims in nonprofit reorganizations have held that the rule is categorically inapplicable to nonprofit entities except in limited circumstances. These courts …
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.
The Scorecard So Far: Emerging Issues In Cross-Border Insolvencies Under Chapter 15 Of The U.S. Bankruptcy Code,
2012
Northwestern Pritzker School of Law
The Scorecard So Far: Emerging Issues In Cross-Border Insolvencies Under Chapter 15 Of The U.S. Bankruptcy Code, Megan R. O'Flynn
Northwestern Journal of International Law & Business
Chapter 15 of the U.S. Bankruptcy Code was modeled after the Model Law on Cross-Border Insolvency, drafted by the United Nations Commission on International Trade and Law (UNCITRAL) in 1997. Despite the relatively small number of cases commenced in U.S. Courts under Chapter 15 since its adoption, no other section of the current Bankruptcy Code has broader implications for international business transactions and global foreign business relations than the provisions of Chapter 15. Moreover, since the United States has long been an innovator at the forefront of international insolvency law, interpretation of key provisions of the Chapter and related UNCITRAL …
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 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.
Misbehavior And Mistake In Bankruptcy Mortgage Claims: Some Caveats Regarding The Porter Study,
2012
Southern Methodist University, Dedman School of Law
Misbehavior And Mistake In Bankruptcy Mortgage Claims: Some Caveats Regarding The Porter Study, Gregory S. Crespi
Faculty Journal Articles and Book Chapters
This Article reviews the comprehensive empirical study of the bankruptcy mortgage foreclosure process conducted by Professor Katherine Porter and subsequently published in 2008 in the Texas Law Review. The results of her study, which analyzed 1,768 proof of claim submissions filed in a sample of 1,733 Chapter 7 bankruptcy proceedings, strongly suggest that there is a pervasive failure on the part of mortgage creditors to meet all of the formal documentation requirements for filing such bankruptcy claims. This documentation failure arguably impedes many mortgage debtors or bankruptcy trustees from reviewing these claims for their accuracy.
Porter's conclusion that the itemization …
On The Edge Of The 'Fiscal Cliff': How The American Middle Class And Gobal Economy Bear Risk,
2012
Loyola University Chicago, School of Law
On The Edge Of The 'Fiscal Cliff': How The American Middle Class And Gobal Economy Bear Risk, Steven A. Montalto
Public Interest Law Reporter
No abstract provided.
Marital Property Annotated Bibliography,
2012
University of Missouri - Kansas City, School of Law
Marital Property Annotated Bibliography, Nancy Levit
Faculty Works
This bibliography covers law review articles published, for the most part, after 2007. Articles for which the title is self-explanatory or that concern only a single case, state, or statute are cited, but not annotated.
Economic Integration: An American Solution To The Multinational Enterprize Group Conundrum,
2012
Emory University School of Law
Economic Integration: An American Solution To The Multinational Enterprize Group Conundrum, Robert W. Miller
Richmond Journal of Global Law & Business
No abstract provided.
