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the Intellectual Property Bankruptcy Protection Act, 1987 as a knee-jerk reaction to the decision of the Fourth Circuit … certiorari to attend to the circuit split. Part 4 draws a parallel between the Indian Bankruptcy Law and its US counterpart. The … filings of bankruptcy under Chapter 11 of the Bankruptcy Code, is given an option to rescind ‘burdensome’ and ‘onerous …
Persistent link: https://www.econbiz.de/10013215457
I develop an equilibrium model of housing and default to jointly analyze the effects of bankruptcy and foreclosure … debt. I show that the interaction between foreclosure and bankruptcy decisions is crucial for explaining the observed cross …-state correlation between default policies and default rates. I use the model to argue that a major recent reform to bankruptcy reduced …
Persistent link: https://www.econbiz.de/10013037938
individuals may file for bankruptcy or default on their mortgage. Uncertainty in the model is driven by house price shocks …, education specific productivity shocks, and catastrophic consumption events, while bankruptcy is governed by the basic … Bankruptcy policy. …
Persistent link: https://www.econbiz.de/10013167646
of their houses, lease the houses for one year, file bankruptcy, and propose mortgage modification plans that pay … in their homes. Until the Supreme Court's 1993 decision in Nobelman v. American Savings Bank, the bankruptcy system would … have provided many such homeowners with a remedy. They could have filed bankruptcy, discharged the negative equity …
Persistent link: https://www.econbiz.de/10013085570
This study discusses the many factors and considerations that enter into the strategic mortgage default (SMD) decision …
Persistent link: https://www.econbiz.de/10013051045
connection with equitable property, resulting trusts and remedial constructive trusts, tracing and bankruptcy, the treatment of …
Persistent link: https://www.econbiz.de/10013240395
Our laws have sought to promote “and enforce a sense of morality in the business community. Well-settled laws regulating fraud, undue influence, fiduciary relationships, confidential information, truth-in-advertising, fair reporting practices, etc., have their origins in moral codes and...
Persistent link: https://www.econbiz.de/10014359157
Section 365 of the Bankruptcy Code (“Code”), which focuses on the post-petition continuation of pre …-in-possession (“DIP”) in all bankruptcy cases. Perhaps recognizing this bequest's potential for abuse, Congress required assumption within … of the “most powerful tools” in any bankruptcy trustee's arsenal, one constrained by time's passage in Chapter 7 cases …
Persistent link: https://www.econbiz.de/10012844339
This article closes a gap in the theory of trust law by supplying a normative account of the use of trusts to avoid and subvert other legal norms. While the use of trusts to subvert other law has been a major function thereof since the middle ages, a fact acknowledged by jurists, doctrinal and...
Persistent link: https://www.econbiz.de/10012836471
One often finds that a person in business puts the title to the family home only in the name of the other spouse, rather than holding it in joint title. The hope is that the house will remain safe from his creditors if he cannot pay his business debts. This can backfire for a variety of reasons,...
Persistent link: https://www.econbiz.de/10012840411