CreditSlips

International & Comparative Insolvency Law Symposium CFP

12/28/18

If you're wondering what to do with your New Year's downtime, you might consider submitting a paper proposal for an International & Comparative Insolvency Law Symposium, this year to be held at the beautiful University of Miami (in Coral Gables) on November 14-15, 2019.

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A Contract Lawyer's X-mas Greeting

12/25/18

This arrived this morning from a dear friend, who knows what makes me laugh.  I hope it makes you chuckle, if not laugh out loud, as it did me:

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Contractual Lunacies

12/23/18

My friend, Glenn West, who knows my obsession with boilerplate contract terms whose meaning the parties themselves don’t seem to know, sent me a lovely present today:  A link to an article in the ABA Journal by legal writing guru Bryan Garner on “Trying to Decipher Provisions that Literally Make No Sense”.  I realize that my sense of humor is warped, but I was laughing out loud at reading this.

Here is my favorite bit:

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Aurelius v. Puerto Rican Control Board (and "What Possibly Could be the Logic Behind Puerto Rico Being in the First Circuit?")

12/17/18

Last Monday, December 3, the First Circuit heard an oral argument that I have been looking forward to for ages.  The case involves an infamously aggressive hedge fund making an audacious challenge to the constitutionality of the Puerto Rican Control Board—an argument that is framed (hilariously, I think) as rescuing the Puerto Rican people from tyranny.  The events that followed did not disappoint in terms of drama. 

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Venezuelan Bonds: The Game is Afoot

12/17/18

Venezuela began defaulting on its bonds about fifteen months ago and is now in default on almost all of its outstanding bonds (except one that is backed by collateral).  The creditors, for these many months, have shown remarkable forbearance in refraining from accelerating the bonds and seeking judgments. 

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Almost Citizens -- by Sam Erman

12/15/18

For those of you, who like me have been following the Puerto Rican debt drama, this wonderful new book by Sam Erman of USC might be of interest.  There are many wonderful and insightful stories in this book that I was altogether unaware of, despite having spent a lot of time reading about Puerto Rico's bizarre constitutional status.  Ultimately though, the most intriguing and insightful aspect of the book, to me, was the connection that Sam draws between the strange "foreign in a domestic sense" status of Puerto Rico and the events surrounding Recon

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No One Wants to Serve on House Financial Services?

12/14/18

The Washington Post reports today that many of the incoming Democratic freshman representatives do not want to serve on the House Financial Services Committee, traditionally a plum assignment because it facilitates representatives' ability to fund-raise for their reelection.

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Procedural Justice and Corporate Reorganization

12/11/18

I just posted to the Social Science Research Network my response -- Jevic's Promise: Procedural Justice in Chapter 11 -- to Jonathan Lipson's recent article about Czyzewski v. Jevic Holding Corp. and structured dismissals.

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Developing Personal Insolvency Crises in China and India

12/10/18

What is it like to be desperately insolvent with no access to a relief system like the bankruptcy discharge? Many, many people are likely to find out in the coming months in China and India in light of recent developments in these mammoth markets. Neither country currently offers individuals effective relief from financial distress, though both have been actively but languidly considering the adoption of such relief for a long time. That relief can't come soon enough, though I'm not optimistic about its arrival anytime in the near future.

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