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Persistent link: https://www.econbiz.de/10015076532
This article is based on a February 2016 keynote address given at the University of Puerto Rico Law Review Symposium “Public Debt and the Future of Puerto Rico.” Thus, much of it remains written in the first person, and so the reader may imagine the joy of being in the audience. (Citations...
Persistent link: https://www.econbiz.de/10012968313
Those in the cross-border bankruptcy community hiding under rocks may not have heard about the monumental decisions in the co-trials in the Canadian-US Nortel bankruptcy proceedings. The decisions are thoughtful, innovative, practical, and important. They warrant a detailed case comment or two...
Persistent link: https://www.econbiz.de/10012970559
Choice of law in cross-border insolvency is gaining increased attention, not just by lowly academics but by policymakers who actually matter. I argue it is time to bring some normative guidance to the burgeoning reform efforts. At the highest level of theoretical purity, universalism seems to...
Persistent link: https://www.econbiz.de/10013024724
This book review probes Michael Waibel's new book, Sovereign Defaults Before International Courts and Tribunals. Waibel's project is ambitious, exploring international attempts to address sovereign defaults over the past century and a half. Through painstaking and comprehensive historical...
Persistent link: https://www.econbiz.de/10013026657
Recent empirical legal scholarship on the consumer bankruptcy system has uncovered a marked rise in the proportion of elder Americans filing for relief under the Bankruptcy Code. But these studies have not probed the reasons behind that rise, an omission this Article seeks to address. Professor...
Persistent link: https://www.econbiz.de/10013133005
The landmark Dodd-Frank Act of 2010 transforms the landscape of consumer credit in the United States. Many of the changes have been high-profile and accordingly attracted considerable media and scholarly attention, most notably the establishment of the Consumer Financial Protection Bureau...
Persistent link: https://www.econbiz.de/10013125037
Just three years ago, Congress enacted controversial amendments to the Bankruptcy Code. The proponents claimed that the changes would drive the quot;can payquot; debtors (of which there were supposedly many) from the bankruptcy courts with tough new income-based eligibility requirements. And...
Persistent link: https://www.econbiz.de/10012747151
International bankruptcy scholars well know the Maxwell case as probably the most important litigation precedent in this fledgling jurisprudential field. What they tend to know less about is the quot;back storyquot; of the redoubtable Robert Maxwell (born Jan Ludwick Hock). A towering,...
Persistent link: https://www.econbiz.de/10012776507
The legislative history of the 2005 revisions to the U.S. Bankruptcy Code has been well documented. Yet these revisions created a puzzle for political economists. If, as other scholars (mostly rightly) contend, American debtors enjoy lobbying power that would make their foreign counterparts...
Persistent link: https://www.econbiz.de/10012776509