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Credit Card Reform and Bankruptcy Reform

Simkovic, Michael - 2012

Consumer advocates won a victory with the passage of the Credit Card Accountability Responsibility and Disclosure Act of 2009. (Credit Card Act). The Credit Card Act bans certain pricing practices that were confusing to credit card users. Ironically, the seeds of this legislative victory may...

Persistent link: https://www.econbiz.de/10013116346

Surprise : You Filed for Bankruptcy - Now What?

Platt, Harlan D. - 2012

Since the April 2005 passage of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), companies have discovered that bankruptcy has become a quicksand of unexpected surprises that quickly forces companies into liquidation or forced asset sales under section 363 of the Bankruptcy...

Persistent link: https://www.econbiz.de/10013116830

Cross-Border Insolvency Law : A Comparative Institutional Analysis

Franken, Sefa - 2014

Any choice of a state for a cross-border insolvency regime involves a trade-off between increased cross-border economic … activity and application of less-preferred substantive insolvency law. A state may be relatively more dependent (‘dependent … States on the drafting of the UNCITRAL Model Law on Cross-Border Insolvency is used as a case study …

Persistent link: https://www.econbiz.de/10013066184

The Financialization of Large Law Firms : Situated Discourses and Practices of Reorganization

Faulconbridge, James - 2010

This article uses the case of the financialization of large law firms to develop debates about the process of the ‘capitalisation of everything' whereby financial logics spread both geographically between countries and sectorally from one industry to another. Drawing on work that analyses how...

Persistent link: https://www.econbiz.de/10013151069

Corporate Insolvency and the Protection of Creditors

Salim, Mohammad Rizal - 2009

The primary purpose for the doctrine of separate legal personality is to encourage entrepreneurship, by shifting the risks of business failure away from entrepreneurs to creditors and other risk bearers. Unfortunately this doctrine is subject to abuse by corporate controllers, which prompted the...

Persistent link: https://www.econbiz.de/10013156721

Has the Dip's Attorney Become the Ultimate Creditors' Lawyer in Bankruptcy Reorganization Cases?

Rapoport, Nancy B. - 2007

This article discusses the issues facing the lawyer for the estate in a bankruptcy case. It debunks the idea that the lawyer for the estate represents any single constituency, and it tries to redefine the fiduciary duties that the estate lawyer has to the bankruptcy estate

Persistent link: https://www.econbiz.de/10012778268

Discharge of Late Tax Return Debt in Bankruptcy : Fixing BAPCPA's Draconian Hanging Paragraph

Todd, Timothy M. - 2019

The current majority rule for handling the discharge of tax debt related to a tardily filed tax return is severely distorted and antithetical to sound bankruptcy and taxation policy. For years, it was established law that bankruptcy could discharge stale tax debts. Indeed, the Bankruptcy Code...

Persistent link: https://www.econbiz.de/10012903140

Bankruptcy Bounties

Hynes, Richard M. - 2018

Because theory suggests that businesses will wait too long to file voluntarily, current scholarship asks whether bankruptcy should offer larger rewards to managers and shareholders to induce them to file earlier. Although creditors could force firms into bankruptcy sooner by filing involuntary...

Persistent link: https://www.econbiz.de/10012908640

Private Student Loans and Bankruptcy : Did Four-Year Undergraduates Benefit from the Increased Collectability of Student Loans

Ang, Xiaoling - 2018

Since 1976, Congress has progressively amended the bankruptcy laws to treat some types of student loans differently from other unsecured debt. In 2005, student loans originated by private companies — loans granted only to credit-worthy individuals and risk-priced at origination — were added...

Persistent link: https://www.econbiz.de/10012938300

(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

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