Now showing items 1-10 of 83
Not letting a good crisis go to waste: Undisclosed consequences of the politics of change
Economic crisis often precipitates bureaucratic intervention when markets produce politically unpalatable outcomes. In the United States, government intervention in the housing markets for the purpose of making housing ...
Impact of casino gambling on individual bankruptcy rates from 1990 to 2002
Past research has ignored the impact of a casino on personal bankruptcy rates over time. Using simple descriptive statistics and regression analysis, this study examines the impact of casinos and casino tenure on bankruptcy ...
(Creighton University School of Law, 1988)
Attachment and perfection of security interests under Revised Article 9: A "Nuts and Bolts" primer
This article covers the scope of revised Article 9, attachment, choice of law for perfection, effect of perfection, priority, perfection by filing, perfection outside Article 9 for goods covered by certificates of title, ...
Chapter 13 projected disposable income for above-median debtors: Formula or forward-looking? And for how long?
(National Association of Consumer Bankruptcy Attorneys, 2009)
"Reasonably equivalent value" in § 548 avoidance actions: An analytical framework post-In re TOUSA, Inc.
Avoidance powers in bankruptcy are designed to prevent the debtor from fraudulently siphoning away his property on the verge of bankruptcy. Usually, a trustee in bankruptcy can avoid prepetition transfers of the debtor’s ...
Settlement payment exception to avoidance powers in bankruptcy: An unsettling method of avoiding recovery from shareholders of failed closely held company LBOs
This is the first scholarly article to analyze the recent jurisprudential expansion of 11 U.S.C. § 546(e), the settlement payment exception to bankruptcy avoidance powers. This provision was originally enacted by Congress ...
Distressed lender beware: How TOUSA killed the upstream guaranty
The United States Court of Appeals for the Eleventh Circuit, in its May 15, 2012 opinion In Re. TOUSA, Inc., reversed the decision of the United States District Court for the Southern District of Florida, and affirmed the ...
Enforcing (or not) arbitration clauses in bankruptcy
(Practising Law Institute, 2003)
Means testing issues
(Nebraska Continuing Legal Education, 2006)