This paper critiques Brook Gotberg’s recent proposal to reform preference law by creating a new safe harbor for preferences in chapter 11 while repealing certain existing preference defenses in chapter 7. The proper path of reform in this area would preserve preference recovery as a feature of chapter 11 reorganization law while raising the monetary limits on minimum recoveries, restricting financial contract safe harbors and bolstering ordinary trade creditor defenses across both chapter 11 and chapter 7
In 1990 the Sixth Circuit decided two bankrupcty preference cases, Ray v. City Bank & Trust Co. (In ...
In standard economic models, two basic assumptions are made: the first, that actors are rational and...
Last decade’s Dodd–Frank banking reform was a very costly and questionably effective effort to stren...
The law of preferential transfers permits the trustee of a bankruptcy estate to avoid transfers made...
Every law teacher and many law students and practitioners understand the intellectual sport to be fo...
It is no secret that creditors hate so-called preference actions, which permit a debtor to recover...
This Article is the first of its kind to argue that preference law is ineffective as a deterrent of ...
The general problem of preferences in bankruptcy in the recent past has been more frequently and mor...
The article focuses on the problem of redistribution effects on the credit market. The main issue c...
America\u27s political institutions are built on the principle that individual preferences are centr...
The recent bankruptcy amendments made significant revisions in the law of preferences. At least one ...
The principle purpose of this article is to consider what happens under the scheme of bankruptcy pre...
The Bankruptcy Act allows the trustee in bankruptcy to avoid the effect of certain transactions ente...
While there is consensus that some form of avoiding power is required in the context of a bankruptcy...
The presence of voidable preference provisions in bankruptcy and insolvency regimes is usually justi...
In 1990 the Sixth Circuit decided two bankrupcty preference cases, Ray v. City Bank & Trust Co. (In ...
In standard economic models, two basic assumptions are made: the first, that actors are rational and...
Last decade’s Dodd–Frank banking reform was a very costly and questionably effective effort to stren...
The law of preferential transfers permits the trustee of a bankruptcy estate to avoid transfers made...
Every law teacher and many law students and practitioners understand the intellectual sport to be fo...
It is no secret that creditors hate so-called preference actions, which permit a debtor to recover...
This Article is the first of its kind to argue that preference law is ineffective as a deterrent of ...
The general problem of preferences in bankruptcy in the recent past has been more frequently and mor...
The article focuses on the problem of redistribution effects on the credit market. The main issue c...
America\u27s political institutions are built on the principle that individual preferences are centr...
The recent bankruptcy amendments made significant revisions in the law of preferences. At least one ...
The principle purpose of this article is to consider what happens under the scheme of bankruptcy pre...
The Bankruptcy Act allows the trustee in bankruptcy to avoid the effect of certain transactions ente...
While there is consensus that some form of avoiding power is required in the context of a bankruptcy...
The presence of voidable preference provisions in bankruptcy and insolvency regimes is usually justi...
In 1990 the Sixth Circuit decided two bankrupcty preference cases, Ray v. City Bank & Trust Co. (In ...
In standard economic models, two basic assumptions are made: the first, that actors are rational and...
Last decade’s Dodd–Frank banking reform was a very costly and questionably effective effort to stren...