Bankruptcy Generally

Kindle and ePub Versions of Bankruptcy Code

11/23/11

One of my crack research assistants, Scott Cromar, put together electronic versions of the U.S. Bankruptcy Code and Federal Rules of Bankruptcy Procedure (FRBP) that can be read using Amazon Kindle or an ePub reader. Because these books were assembled using public-domain materials from the U.S. government, we are making them available free of charge. Keep reading after the page break for links and more information.

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Safe Harbors Gone Wild

09/28/11

Yesterday's decision from the District Court court in the Madoff-Mets litigation is yet another example of why Congress desperately needs to revisit the safe harbors which exempt a host of financial transactions from the workings of the Bankruptcy Code (in this case, the Code as incorporated into SI

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Exemption Policy: Sometimes it Doesn’t Pay to be Debt Free

09/25/11

We have two married 60-something friends who are artists in Santa Fe and own a very simple home with a rental house in the front. The house is tiny by all but New York City standards, and since their income is always in flux (some months several grand, many months nothing at all), they live very close to the bone. No credit card debts, no car payments, no mortgage.  The only fixed expenses they have are their $1,000 a month health care policy and a few utility bills. Generally, they get along just fine, but last month, when he ended up in the hospit

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Keeping Up With

08/30/11

For those Slips readers who are not regular Bloomberg people, I highly recommend today's bit from Bill Rochelle about the 5th Circuit's recent bankruptcy decisions, and the role of Chief Judge Jones.

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Extra Stern

08/26/11

For those of you on the West Coast and others who are not obssessing about the huricane, I give you some further thoughts on the Supreme Court's decision in Stern v. Marshall, this time in the context of the Inkeeper's chapter 11 case. Up now at Dealbook.

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Stern Consequences

08/23/11

The folks at the Weil bankruptcy blog do a great service in summarizing some of the initial consequences of the US Supreme Court's Stern v. Marshall decision. Suffice it to say, Mr. Chief Justice Robert's optomisim may have fallen. At the first hurdle.

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Bankruptcy Politics and State Bankruptcy

08/16/11

I have a new paper out, Bankrupt Politics and the Politics of Bankruptcy, that examines state bankruptcy proposals and then uses them as a jumping-off point for sketching out a political theory of bankruptcy as a "creditor's armistice," an unstable political bargain, rather than an economic bargain ala Jackson & Baird's "creditor's bargain."  

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Ain't That the Truth

08/01/11

"[L]et us stress being a professor specializing in bankruptcy is not a power position, even at Harvard Law School."

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Eric Rasmusen's Thoughts on Stern v. Marshall

07/08/11

Eric Rasmusen of Indiana University and I were having a back channel communication on the U.S. Supreme Court's holding Stern v. Marshall (see here for a summary).

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Anna Nicole Smith May Be More Than Just the Only Loser on This One

06/23/11

Vickie Lynn Marshall, as she is known to bankruptcy mavens, or Anna Nicole Smith, as she is known to normal people, lost today in her second round before the Supreme Court.

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