As of the a bankruptcy petition’s filing date (the “petition date”), § 362(a)(1) stays “the commencement or continuation ... of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under...

Law is the way civilized societies provide for the conduct of citizens to enhance harmony and optimize achievement of personal liberties. Our laws are an attempt to deal with many of the most horrible ways humans treat each other. Laws are also divided into many sub-specialties, each requiring...

Under what circumstances do third parties have standing to assert a decedent’s cause of action under various federal consumer protection statutes? Over time, federal courts opted to adopt a unique set of principles to guide this determination. This short article affords an overview of these tenets

A festering ambiguity buried within the thirteenth chapter of the Bankruptcy Code threatens to shadow future rehabilitations of any mixed-use development owned by one or more individuals or proprietorships eligible to file for relief under that chapter. The reason for this pendant danger...

Amongst the group of related sections touching upon the creation and administration of a plan of debt adjustment pursuant to Chapter 13 of the Bankruptcy Code (“Code”), just one—§ 1329—concerns post-confirmation modification. This section’s first lettered paragraph enumerates the...

Individuals expose personally identifying information to access a website or qualify for a loan, undermining privacy and security. Firms share proprietary information in dealmaking negotiations; if the deal fails, the negotiating partner may use that information to compete. Regulators that...

This Article provides the first sustained account of advice-giving as a fiduciary activity, and it demonstrates that the dominant approach to defining fiduciary relationships is flawed. Leading academic commentators assert that fiduciary relationships only arise when one party has discretion...

Forced arbitration clauses have become almost unavoidable in contracts for financial services and products ranging form credit cards to private student loans. This report examines how the financial services industry uses these clauses to defeat consumers' rights and evade accountability for...

This article examines the benefits of the class action for New Zealand consumers. It analyses the current operation of the New Zealand class action and recommends significant reform to expand the use of the class action and to give clear specific guidelines on its operation. The author defines a...

Spanish Abstract: Resulta inaplazable el tránsito hacia la plena digitalización para lograr una justicia abierta, relacional, resiliente, eficiente, comprometida con las necesidades reales de las personas, en particular las que padecen algún grado de discapacidad o vulnerabilidad, y que...