Bankruptcy Law

A Conversation on Proposed Systemic Risk Regulation - Podcast

Financial Services and E-Commerce Practice Group
Peter J. Wallison, Wayne A. Abernathy, John L. Douglas July 24, 2009
On March 26, 2009, Treasury Secretary Timothy Geithner outlined the administration’s plan to regulate the financial system during a hearing before the House Financial Services Committee.  The proposals included the creation of a systemic regulator that would have the authority to designate “significantly important” financial institutions that may pose serious risks to the stability of the financial system. What does it mean for an institution to be so designated? Can a systemic regulator provide the needed oversight of financial institutions? Does the federal government have sufficient existing authority to deal with systemic risk and should it have the authority to resolve financial institutions outside of existing bankruptcy law?  Our speakers address these and other questions.

Bankruptcy and Forum Shopping (Marshall v. Marshall) - Podcast

Financial Services & E-Commerce Practice Group
Troy McKenzie, David Skeel, Todd J. Zywicki, Edith H. Jones June 29, 2010
Practice Groups PodcastsMarshall v. Marshall involved the effort of starlet Anna Nicole Smith to recover from the estate of her deceased husband J. Howard Marshall which soon evolved into what could be one of the most complex and meaningful bankruptcy disputes in court history. In this podcast, our speakers discuss the issue of forum shopping related to the Marshall case and the role of bankruptcy judges and courts generally. [Listen now!]

Bankruptcy or Bailout? - Event Audio/Video

Barry Adler, Timothy Canova, Garett Jones, Michael E. Levine, Larry Ribstein January 28, 2010
This panel discussion took place on January 8, 2010, at the Federalist Society's 12th Annual Faculty Conference in New Orleans. Panelists included Prof. Barry Adler of New York University School of Law; Prof. Timothy Canova of Chapman University School of Law; Prof. Garett Jones of the Mercatus Center at George Mason University; Prof. Michael E. Levine of New York University School of Law; and Prof. Larry Ribstein of the University of Illinois College of Law as the moderator.

Blame for Ballooning Bankruptcies

Financial Services & E-Commerce Newsletter - Volume 2, Issue 1, Spring 1998
Vern McKinley August 17, 2009
As a period of historically low unemployment approaches the seventh year of economic expansion, the courts strained under the weight of a record 1.35 million consumer bankruptcies in 1997. Consumer filings make up 95 percent of all bankruptcy filings. Legislation in 1994 created a National Bankruptcy Review Commission (NBRC) that reported its findings on October 20, 1997. Unfortunately, the Commission's recommendations would likely make the current bankruptcy situation even worse.

Bullock v. BankChampaign - Post-Argument SCOTUScast

SCOTUScast 3-27-13 featuring Zvi Rosen
Zvi Rosen March 27, 2013

Zvi RosenOn March 18, 2013,  the Supreme Court heard oral argument in Bullock v. BankChampaign, NA., a bankruptcy case.  Bankruptcy law provides debtors a means of discharging their otherwise unmanageable debts, but there are exceptions.  This case involves an exception for debts incurred through a type of misconduct known as “defalcation.”  The question here concerns the degree of trustee misconduct required to trigger the defalcation exception, and whether such conduct can include actions that did not actually result in a loss of trust property.

To discuss the case, we have Zvi Rosen, who is an Adjunct Professor at New York Law School.

[Listen now!]