Tag Archives: Bankruptcy

Kimon Korres, Bankrupting Bankruptcy: Circumventing Chapter 11 Protections Through Manipulation of the Business Justification Standard in § 363 Asset Sales, and a Refined Standard to Safeguard Against Abuse

63 Fla. L. Rev. 959 (2011)|  | | NOTE :: Of the twenty largest public company bankruptcy filings from 1980 to the present, seventeen have taken place since 2001, and ten of those seventeen were filed between March of 2007 and … Continue reading

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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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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