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Melissa Jacoby
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Tort Law, Social Policy... and Bankruptcy
Posted May 31, 2022 at Credit Slips
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Harmony or Mismatch? A virtual event on mass torts and bankruptcy on February 28
Posted Feb 23, 2022 at Credit Slips
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Just posted: Other Judges' Cases
This article has been in the works a long time. During the Detroit bankruptcy, I wrestled with some of its topics on Credit Slips. The case studies involve bankruptcy. The mediators in those cases are life-tenured judges. The footnotes make... Continue reading
Posted Jan 31, 2022 at Credit Slips
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What attorneys' general talk about when they talk about bankruptcy
Posted Nov 9, 2021 at Credit Slips
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Shocking Business Bankruptcy Law
Another quick announcement that I have posted a draft essay on some under explored intersections between big business bankruptcy and big shocks here. The abstract is short, yes, but so is the essay. It also discusses ice cream. Thanks for... Continue reading
Posted Oct 27, 2021 at Credit Slips
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Who extracts the benefits of big business bankruptcy?
Posted Oct 26, 2021 at Credit Slips
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Five reasons to read Unsettled by Ryan Hampton
Posted Oct 12, 2021 at Credit Slips
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Recommended Reading: Bannon and Keith on Remote Court
Virtual court proceedings, an important public health intervention, have prompted many a judge and lawyer to envision heavy use of virtual hearings in more ordinary times - including in bankruptcy courts, which carry the highest federal court case load and... Continue reading
Posted Aug 24, 2021 at Credit Slips
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Recommended reading: Afsharipour on Women and M&A
For many reasons and no reasons, blogging on Credit Slips during the COVID-19 pandemic has not come easy, or at all, for me (Twitter, a different story). Rejoining the Credit Slips conversation by recommending scholarship relevant to bankrupty-land even if... Continue reading
Posted Aug 13, 2021 at Credit Slips
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Commercial and Contract Law: Questions, Ideas, Jargon
In the Spring I am teaching a research and writing seminar called Advanced Commercial Law and Contracts. Credit Slips readers have been important resources for project ideas in the past, and I'd appreciate hearing what you have seen out in... Continue reading
Posted Dec 1, 2020 at Credit Slips
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American Predatory Lending and the North Carolina model
My coauthor Ed Balleisen has co-founded a program on consumer lending of interest to Credit Slips readers. Its initial data collection is particularly useful in documenting the North Carolina experience and its implications for other states. The quote below is... Continue reading
Posted May 22, 2020 at Credit Slips
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The Purdue Pharma Bankruptcy
By filing a bankruptcy petition last week, Purdue Pharma is automatically protected against many types of collection and litigation by operation of federal law. Seeking to turn this already-potent shield into something more formidable, the company has asked a bankruptcy... Continue reading
Posted Sep 23, 2019 at Credit Slips
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The Weinstein Company Bankruptcy: What She Said
Nearly a year has passed since my last Credit Slips post on The Weinstein Company bankruptcy. The case, filed March 2018, remains open. Contract disputes have dominated many if not most bankruptcy court hearings this past year. The issues have... Continue reading
Posted Sep 9, 2019 at Credit Slips
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Lowdermilk on Family Farmers in Financial Trouble - new paper!
Jamey Mavis Lowdermilk has just posted an article of interest to Credit Slips readers -- lawyers, judges, journalists, policymakers, and more. The article uses a case study of a chapter 12 family farm bankruptcy in North Carolina to ask bigger... Continue reading
Posted Jun 28, 2019 at Credit Slips
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PROMESA heads to the U.S. Supreme Court?
In February 2019, the United States Court of Appeals for First Circuit held that the selection process of the Oversight Board in PROMESA, the rather bipartisan Puerto Rico debt restructuring law (and more), is unconstitutional. The reason: its members were... Continue reading
Posted Jun 24, 2019 at Credit Slips
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New (From the Archives) Paper on Determinants of Personal Bankruptcy
This working paper is a longitudinal empirical study of lower-income homeowners, including a subset of bankruptcy filers, produced with an interdisciplinary team of cross-campus colleagues, including Professor Roberto Quercia, director of UNC's Center for Community Capital. We just posted this... Continue reading
Posted Feb 13, 2019 at Credit Slips
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New Paper: Consumer Protection After the Global Financial Crisis
Historian Ed Balleisen and I have just posted a paper of interest to Credit Slips readers who are interested in consumer protection, financial crises, and inputs into post-crisis policymaking more generally. I will let the abstract speak for itself: Consumer... Continue reading
Posted Feb 13, 2019 at Credit Slips
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Seeking nominations for the Grant Gilmore Award
Posted Dec 4, 2018 at Credit Slips
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What Skews the Public-Private Balance in Corporate Bankruptcy Cases?
In a prior Credit Slips post, I shared a paper, Corporate Bankruptcy Hybridity, positing that bankruptcy should be conceptualized as a public-private partnership. The second section of Corporate Bankruptcy Hybridity identifies factors that have skewed the Bankruptcy Code's ideal balance... Continue reading
Posted Sep 13, 2018 at Credit Slips
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In the Zone: The Weinstein Co. Chapter 11 Hearings #9-13
Since my last Credit Slips post about The Weinstein Co. chapter 11, there have been five public hearings/status conferences (some of which were telephonic). Disparate observations from those hearings below. Shaping public beliefs about a criminal charge through the bankruptcy... Continue reading
Posted Sep 12, 2018 at Credit Slips
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Corporate Bankruptcy as a Public-Private Partnership
I have just posted on the Social Science Research Network a forthcoming article called Corporate Bankruptcy Hybridity. Although the article has several intersecting objectives, today's post focuses on the first aim: conceptualizing corporate bankruptcy as a public-private partnership. A public-private... Continue reading
Posted Aug 20, 2018 at Credit Slips
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Silver Linings Playbook: The Weinstein Co. Chapter 11 Hearings #7 & #8
Posted Jul 25, 2018 at Credit Slips
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Keeping up with the Appointments Clause: Puerto Rico bankruptcy update
In January I wrote about Aurelius seeking a do-over. In a carefully reasoned thirty-five page decision, the district court has denied the do-over. Put more legally, the court held that PROMESA's method of establishing the Puerto Rico Oversight Board did... Continue reading
Posted Jul 13, 2018 at Credit Slips
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Keeping up with the Contracts Clause: the Supreme Court's decision in Sveen v. Melin
In June 2018, the U.S. Supreme Court decided Sveen v. Melin, a case applying Contracts Clause* jurisprudence to a state revocation-on-divorce statute and preexisting insurance contract. It isn't like the Supreme Court hears a Contracts Clause case every week, every... Continue reading
Posted Jul 12, 2018 at Credit Slips
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Hurry Up and Wait: The Weinstein Co. Chapter 11 Hearing #6
All Credit Slips readers are old enough to remember when a quick going-concern sale of The Weinstein Company was said to be imperative. So much so that even the seemingly skeptical creditors' committee ultimately went along, thus making the request... Continue reading
Posted Jun 25, 2018 at Credit Slips
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