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Fiducia Cum Creditore Contracta in EU Law

Mangatchev, Ivan P. - 2009

The scientific interest has arisen from many questions related to the collateral with title transfer of the ownership. Why EU law adopted an old and prohibited for many centuries and many legal systems title transfer collateral in Financial Collateral Directive (FCD)? Through the centuries it...

Persistent link: https://www.econbiz.de/10013156339

The Rise of the Uncorporation : Chapter One

Ribstein, Larry E. - 2009

The analysis of business associations largely has been limited to corporations. Yet unincorporated firms, including general and limited partnerships and limited liability companies, comprise about a third of the firms in the US, and even larger percentages elsewhere in the world. The Rise of the...

Persistent link: https://www.econbiz.de/10013156699

The New Small Business Bankruptcy Game : Strategies for Creditors Under the Small Business Reorganization Act

Bradley, Christopher G. - 2020

Persistent link: https://www.econbiz.de/10012834852

The Failed Hopes of Disintermediation : Crypto-Custodian Insolvency, Legal Risks and How to Avoid Them

Haentjens, Matthias - 2020

the crypto-custodian's insolvency estate or can they be revendicated by customers?). Private international law aspects … form the starting point of the legal analysis (which court has jurisdiction to open insolvency proceedings and hear crypto …

Persistent link: https://www.econbiz.de/10012835456

Insolvency Law as Credit Enhancement and Enforcement Mechanism : A Closer Look at Global Modernization of Secured Transactions Law

Mooney, Charles W. - 2020

This essay revisits earlier work on the relationship between insolvency law and secured credit, the role of secured … reforms of secured transactions law and insolvency law. Merely enacting sensible secured transactions laws and insolvency laws …-theorized and warrant more rigorous investigation and analysis.The essay also considers links between both insolvency law and …

Persistent link: https://www.econbiz.de/10012835520

Presiding Over Municipal Bankruptcies : Then, Now, and Puerto Rico

Jacoby, Melissa B. - 2017

Federal district judges have not been directly responsible for municipal bankruptcy cases since the 1970s. Between then and now, federal bankruptcy judges have accumulated hard-won lessons about how to preside over cases involving governments. Indeed, the merit-selected bankruptcy bench has been...

Persistent link: https://www.econbiz.de/10012958010

The Perfect Storm : Bankruptcy, Choice of Law, and Same-Sex Marriage

Gardina, Jackie - 2009

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...

Persistent link: https://www.econbiz.de/10012766060

The Bankruptcy Court's Ruling in the Lehman-Metavante Matter – Has the Ticking Time Bomb of Enron vs. TXU Exploded or Been Defused?

Marchetti, Peter - 2017

A recent bench ruling (the "Bench Ruling") by the Bankruptcy Court of the Southern District of New York in the Lehman-Metavente matter held that an “out of the money” non-debtor party to a swap agreement with an “in the money” bankrupt counterparty could not rely on section 2(A)(III) of...

Persistent link: https://www.econbiz.de/10012976656

The Supreme Court Disregards ERISA and Goes Farther Astray in Applying Bankruptcy Law to Retirement Assets

Feuer, Albert - 2020

Persistent link: https://www.econbiz.de/10012856588

Understanding the Far Reaching Societal Impact of Strategic Mortgage Default

Seiler, Michael - 2014

This article discusses the often overlooked ramifications of strategic mortgage default and the widespread implications it has on our sense of community, economic and financial stability, as well as mental and physical well-being. Too often studies examine only the one-off economic effects of...

Persistent link: https://www.econbiz.de/10013051036