Bankruptcy

Andrew S. Brown, Breaking Up and Making Out (Rich): Recommendations for Revision of the Bankruptcy Code Provisions Governing Break-Up Fees Used by Stalking Horse Bidders in § 363 Bankruptcy Asset Sales

62 Fla. L. Rev. 1463 (2010) | | | | INTRODUCTION :: Since December 2007, the United States has suffered through a “Great Recession.” The stock market had plummeted more than 40% from its peak as investors pulled their money from investments seeking safety under their mattresses. Companies and individuals have struggled as bankruptcy filings […]

Brent J. Horton, In Defence of Private-Label Mortgage-Backed Securities

61 Fla. L. Rev. 827 (2009) | | | | ABSTRACT :: The House Financial Services Committee recently concluded that lack of regulation of private-label mortgage-backed securities (MBS) is to blame for the unsustainable housing bubble that peaked in mid-2006-and consequentially, the economic crisis that ensued when the bubble burst. It is true that the […]

Richard M. Hynes, Broke but not Bankrupt: Consumer Debt Collection in State Courts

60 Fla. L. Rev. 1 (2008) | | | | INTRODUCTION :: Virginia, with a population of about seven million, has averaged more than a million civil filings a year since the late 1980s. The overwhelming majority of these filings seek to collect debts from consumers, and most judgments go unpaid. Despite this apparent insolvency, […]

Diana L. Hayes, Bankruptcy Law: An Exercise in Statutory Interpretation-Staying True to the Broad Aim of the Code or Ignoring Plain Meaning and Purpose?

59 Fla. L. Rev. 697 (2007) | | | | TEXT :: State law required Petitioner to maintain workers’ compensation coverage for his freight trucking business. Petitioner contracted with Respondent to provide this insurance. After Petitioner canceled the policy and filed a Chapter 11 bankruptcy, Respondent, in an amended claim, asserted that the unpaid premiums […]

Lindsay Roshkind, Employment Law: An Adverse Action Against Employers: The Supreme Court's Expansion of Title VII's Anti-Retaliation Provision

59 Fla. L. Rev. 707 (2007) | | | | TEXT :: State law required Petitioner to maintain workers’ compensation coverage for his freight trucking business. Petitioner contracted with Respondent to provide this insurance. After Petitioner canceled the policy and filed a Chapter 11 bankruptcy, Respondent, in an amended claim, asserted that the unpaid premiums […]

John H. Rains IV, Searching for Fairness in all the Wrong Places: Valuing the Pension Benefit Guaranty Corporation's Unsecured Claim in Bankruptcy

58 Fla. L. Rev. 1107 (2006) | | | | INTRODUCTION :: Imagine waking up to this headline: “Major American Corporation Seeks Bankruptcy Protection.” Amid concern over lost jobs, reduced benefits for current employees, dramatic changes in stock prices, protracted litigation, enormous losses for creditors, and the displacement of current owners of the business, two […]