Springing and exploding guaranties - insider guaranties that will become due ifand when a borrower files for bankruptcy - have become popular as bankruptcy-proofing devices, yet there is little case law or literature on their enforceability. This article reviews the limited existing law on these bankruptcy-contingent guaranties and examines some of the arguments against their enforceabiltiy that can be expected to be made in the future
This article is concerned with prospects of the legal regulation of bankruptcy procedures. It has be...
(Excerpt) Insolvency and bankruptcy pose great risks to a creditor’s investments. Although business ...
This paper explores the legitimacy—or illegitimacy—of filing and maintaining a case under the Bankru...
Springing and exploding guaranties - insider guaranties that will become due ifand when a borrower f...
This Note addresses the relatively recent phenomenon of springing guaranties, albeit only in the con...
This article presents an economic analysis of insider guaranties in small business finance and bankr...
The author of this article discusses two recent cases which deal with unconditional liability on non...
Startups often require personal guarantors when securing credit relationships. Often, third parties ...
The purpose of this Article is to expose that function of bankruptcy law that distinguished it from ...
Anticipating a wave of bankruptcies caused by the economic and financial effects of the COVID-19 pan...
What justifies corporate bankruptcy law in the modern economy? For forty years, economically oriente...
The Takings Clause is a vital consideration in determining the treatment of secured creditors in ban...
Grifters take advantage of situations, latching on to others for benefits they do not deserve. Bankr...
Given the recent economic climate, the judiciary faces an all too familiar challenge: navigate throu...
There have been recent conflicting decisions in U.S. district courts of New York, Delaware, and othe...
This article is concerned with prospects of the legal regulation of bankruptcy procedures. It has be...
(Excerpt) Insolvency and bankruptcy pose great risks to a creditor’s investments. Although business ...
This paper explores the legitimacy—or illegitimacy—of filing and maintaining a case under the Bankru...
Springing and exploding guaranties - insider guaranties that will become due ifand when a borrower f...
This Note addresses the relatively recent phenomenon of springing guaranties, albeit only in the con...
This article presents an economic analysis of insider guaranties in small business finance and bankr...
The author of this article discusses two recent cases which deal with unconditional liability on non...
Startups often require personal guarantors when securing credit relationships. Often, third parties ...
The purpose of this Article is to expose that function of bankruptcy law that distinguished it from ...
Anticipating a wave of bankruptcies caused by the economic and financial effects of the COVID-19 pan...
What justifies corporate bankruptcy law in the modern economy? For forty years, economically oriente...
The Takings Clause is a vital consideration in determining the treatment of secured creditors in ban...
Grifters take advantage of situations, latching on to others for benefits they do not deserve. Bankr...
Given the recent economic climate, the judiciary faces an all too familiar challenge: navigate throu...
There have been recent conflicting decisions in U.S. district courts of New York, Delaware, and othe...
This article is concerned with prospects of the legal regulation of bankruptcy procedures. It has be...
(Excerpt) Insolvency and bankruptcy pose great risks to a creditor’s investments. Although business ...
This paper explores the legitimacy—or illegitimacy—of filing and maintaining a case under the Bankru...