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Law of Insolvency vs. Law on Preventive Composition with Creditors and the Ad Hoc Mandate

Radu, Bogdan - 2014

The author, through the present paper, aims at providing a brief comparative overview of the legal mechanisms most used by commercial entities as remedies for acute financial problems or preventing such a financial state – the judicial reorganization procedure, the bankruptcy procedure, the...

Persistent link: https://www.econbiz.de/10013053882

Statutory and Common Law Enforcement of Foreign Insolvency Judgments

Ho, Look Chan - 2011

judgment rendered under Australian insolvency law does not sit easily with the Foreign Judgments (Reciprocal Enforcement) Act … 1933. This is because the Foreign Judgments (Reciprocal Enforcement) Act 1933 applies to foreign insolvency judgments …. Where the 1933 Act applies, section 426 of the Insolvency Act 1986 and the common law cannot enforce foreign insolvency …

Persistent link: https://www.econbiz.de/10013124820

(Almost) Everything We Learned about Pleasing Bankruptcy Judges, We Learned in Kindergarten

Rapoport, Nancy B. - 2008

In this essay, we demonstrate that most ethics violations (at least the ones that irritate bankruptcy judges) are also violations of simple rules of behavior that people should have learned in kindergarten

Persistent link: https://www.econbiz.de/10012771398

Bankruptcy Phobia

Skeel, David A. - 2010

As the recent economic crisis has unfolded, bankruptcy has offered possible solutions at several key junctures. The first of these solutions, often referred to as mortgage modification, was geared toward homeowners who faced the loss of their homes in the months - now several years - since the...

Persistent link: https://www.econbiz.de/10013147806

Models of Closure in Mass Torts : A Comment on 'The Mass Tort Bankruptcy: A Pre-History'

Baker, Lynn A. - 2015

example of a pre-Bankruptcy Code resolution of a mass tort through an insolvency scheme. The Comment agrees with McKenzie …

Persistent link: https://www.econbiz.de/10013013945

UCC Sect. 2-713 : A Defense of Buyers' Expectancy Damages

Schneider, Eric C. - 2011

It has been suggested that section 2-713 of the Uniform Commercial Code [hereinafter referred to as UCC; further section references are to UCC sections unless otherwise specified] should not have been enacted and should be repealed. Although this centerpiece in the setting of buyers' remedies has...

Persistent link: https://www.econbiz.de/10013119878

Not Treble Damages : Cartel Recoveries Are Mostly Less Than Single Damages

Connor, John M. - 2015

Antitrust law provides treble damages for victims of antitrust violations, but the vast majority of private cases settle. The average or median size of these settlements relative to the overcharges involved has, until now, been only the subject of anecdotes or speculation. To ascertain what we...

Persistent link: https://www.econbiz.de/10013030550