[PDF] The Logic And Limits Of Bankruptcy Law eBook

Author : Thomas H. Jackson
Publisher : Beard Books
Page : 304 pages
File Size : 26,43 MB
Release : 2001
Category : Law
ISBN : 9781587981142

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A careful analysis of the fundamentals of bankruptcy law.

Author : Vincent S.J. Buccola
Publisher :
Page : 54 pages
File Size : 29,36 MB
Release : 2019
Category :
ISBN :

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Municipal bankruptcy's recent prominence has stimulated academic interest in the workings of Chapter 9, much of it critical, but no general framework has been developed against which scholars and policymakers can evaluate the law's performance. This article offers a normative, economic account of municipal bankruptcy and uses that account to assess current law and suggest changes. It contends that bankruptcy's singular aim should be to preserve spatial economies--the advantages to locating within a municipality's unique geographic boundaries--where large public debts, by discouraging investment, threaten to dissipate them. Judged with this end in view, it is argued, Chapter 9 is a marked failure. The law's compass is so narrow that intervention comes, if at all, only when spatial economies are likely to have been squandered and economic dysfunction taken hold. Municipal bankruptcy, as it now exists, serves mainly as an ad hoc and ill-conceived subsidy program. This article outlines changes to the law that could hasten debt relief, while acknowledging potential objections.

Author : Stephanie Wickouski
Publisher : Beard Books
Page : 438 pages
File Size : 36,83 MB
Release : 2007
Category : Law
ISBN : 1587982722

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This authoritative treatise on bankruptcy fraud is an invaluable reference book for bankruptcy law practitioners, white-collar criminal lawyers, prosecutors, judges, restructuring professionals, and academicians. Bankruptcy Crimes is the only book extant on the subject and is unique in its dual perspective and analysis of criminality and bankruptcy law.

Author : David A. Skeel Jr.
Publisher : Princeton University Press
Page : 296 pages
File Size : 25,63 MB
Release : 2014-04-24
Category : Business & Economics
ISBN : 1400828503

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Bankruptcy in America, in stark contrast to its status in most other countries, typically signifies not a debtor's last gasp but an opportunity to catch one's breath and recoup. Why has the nation's legal system evolved to allow both corporate and individual debtors greater control over their fate than imaginable elsewhere? Masterfully probing the political dynamics behind this question, David Skeel here provides the first complete account of the remarkable journey American bankruptcy law has taken from its beginnings in 1800, when Congress lifted the country's first bankruptcy code right out of English law, to the present day. Skeel shows that the confluence of three forces that emerged over many years--an organized creditor lobby, pro-debtor ideological currents, and an increasingly powerful bankruptcy bar--explains the distinctive contours of American bankruptcy law. Their interplay, he argues in clear, inviting prose, has seen efforts to legislate bankruptcy become a compelling battle royale between bankers and lawyers--one in which the bankers recently seem to have gained the upper hand. Skeel demonstrates, for example, that a fiercely divided bankruptcy commission and the 1994 Republican takeover of Congress have yielded the recent, ideologically charged battles over consumer bankruptcy. The uniqueness of American bankruptcy has often been noted, but it has never been explained. As different as twenty-first century America is from the horse-and-buggy era origins of our bankruptcy laws, Skeel shows that the same political factors continue to shape our unique response to financial distress.