For more than two decades, a debate has raged over what to make of vindicatory contempts, a class of ostensibly civil contempt orders intended to punish a debtor for his or her defiance of prior judicial orders issued pre-petition by a state court. Because § 362(a)(1) applies to all judicial...

As trademark rights become an increasingly valuable asset in Chapter 11 reorganizations, it is critical for Congress and the courts to clarify how trademarks will be treated in bankruptcy, particularly where the debtor is a trademark licensee. Without clarity, Chapter 11 reorganization may not...

Establishing (e.g., perfecting) and enforcing a lien presents technical pitfalls and practical problems with which practitioners and courts are often unfamiliar or uncomfortable. After all, the law of liens requires an understanding of many different areas of the law, including the law of...

The bankruptcy courts are currently split on the appropriate choice of law rule, some contend that they must apply the forum state's choice of law rule while others contend that they are free to create a federal choice of law rule. This Article contends that the forum state's choice of law rule...

Various states have started providing private law frameworks for blockchain transfersand crypto assets. The first acts have been adopted by France and Liechtenstein,while a commission of the British government sees no difficulties in extending propertyprotection under the Common law to crypto...

We observe significant heterogeneity in the correlation between changes in house prices and the growth of small firms across certain countries in Europe. We find that, overall, the correlation is far greater in Southern Europe than in Northern Europe. Using a simple model, we show that this...

The purpose of this article is to explore the rights of tenants who reside in buildings undergoing foreclosure to receive notice and an opportunity to be heard when foreclosures threaten to terminate their tenancies. The federal Protecting Tenants at Foreclosure Act of 2009 (PTFA) will...

The Bankruptcy Code accords much more favorable treatment to lessors than to secured lenders, but legal scholars have yet to identify a normative justification for the disparate treatment of the two transaction types. Law-and-economics scholars have written off the lease/loan distinction as...

In reflecting on the peculiar legal features of American Depositary Shares, this paper considers the hypothesis of insolvency of some of the relevant parties in the contractual scheme in order to extract the legal implications (both contractual and otherwise) arising from the use of ADRs as a...

Using a national loan level data set we examine loan default as explained by local demographic characteristics and state level legislation that regulates foreclosure procedures and predatory lending through a hierarchical linear model. We observe significant variation in the default rate across...