Governance Reform and the Judicial Role in Municipal Bankruptcy

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Governance Reform and the Judicial Role in Municipal Bankruptcy by : Clayton P. Gillette

Download or read book Governance Reform and the Judicial Role in Municipal Bankruptcy written by Clayton P. Gillette and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent proceedings involving large municipalities such as Detroit, Stockton, and Vallejo illustrate both the utility and the limitations of using the Bankruptcy Code to adjust municipal debt. In this article, we contend that, to truly resolve the distress of a substantial city, municipal bankruptcy needs to do more than simply provide immediate debt relief. Debt adjustment alone does nothing to remedy the fragmented decision-making and incentives for expanding municipal budgets that underlie municipal distress. Unless bankruptcy also addresses governance dysfunction, the city may slide right back into financial crisis. Governance restructuring has long been an essential element of corporate bankruptcy. Given the monopoly position of local governments as providers of local public goods, governance reform is even more important in the municipal bankruptcy context. Some might argue that reducing a city's debt is the best bankruptcy courts can do, because a more comprehensive approach would, among other things, interfere with state sovereignty. In our view, these concerns do not withstand inspection. Based on a careful analysis of the historical origins of the current municipal bankruptcy provisions, as well as an assessment of recent Supreme Court jurisprudence, we argue that governance reform is permitted even under existing law. To be sure, the states themselves, rather than a bankruptcy court, ideally should be the ones to effect municipal governance reform. But political factors and the salience of the fiscal crisis make state intervention unlikely, thus underscoring the need for a more comprehensive approach to municipal bankruptcy.

Yale Law Journal: Volume 125, Number 5 - March 2016

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Publisher : Quid Pro Books
ISBN 13 : 1610278003
Total Pages : 323 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Yale Law Journal: Volume 125, Number 5 - March 2016 by : Yale Law Journal

Download or read book Yale Law Journal: Volume 125, Number 5 - March 2016 written by Yale Law Journal and published by Quid Pro Books. This book was released on 2016-03-30 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This issue of the Yale Law Journal (the fifth issue of academic year 2015-2016) features articles and essays by notable scholars, as well as extensive student research. The contents include: "Governance Reform and the Judicial Role in Municipal Bankruptcy," by Clayton P. Gillette & David A. Skeel, Jr. "Professional Speech," by Claudia E. Haupt "Casey and the Clinic Closings: When 'Protecting Health' Obstructs Choice," by Linda Greenhouse & Reva B. Siegel "Returning to Common-Law Principles of Insider Trading After United States v. Newman," by Richard A. Epstein The student contributions are: Note, "Will Putting Cameras on Police Reduce Polarization?," by Roseanna Sommers Note, "Federal Questions and the Domestic-Relations Exception," by Bradley G. Silverman Comment, "Toward an Efficient Licensing and Rate-Setting Regime: Reconstructing § 114(i) of the Copyright Act," by Joseph Pomianowski Quality digital editions include active Contents for the issue and for individual articles, linked footnotes, active URLs in notes, and proper digital and Bluebook presentation from the original edition.

Yale Law Journal: Volume 125, Number 8 - June 2016

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Publisher : Quid Pro Books
ISBN 13 : 1610277813
Total Pages : 354 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Yale Law Journal: Volume 125, Number 8 - June 2016 by : Yale Law Journal

Download or read book Yale Law Journal: Volume 125, Number 8 - June 2016 written by Yale Law Journal and published by Quid Pro Books. This book was released on 2016-07-20 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Municipal Reorganization

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ISBN 13 :
Total Pages : 464 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Municipal Reorganization by : United States

Download or read book Municipal Reorganization written by United States and published by . This book was released on 1933 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Navigating Chapter 9 of the Bankruptcy Code

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Publisher : Government Printing Office
ISBN 13 : 9780160942112
Total Pages : 112 pages
Book Rating : 4.9/5 (421 download)

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Book Synopsis Navigating Chapter 9 of the Bankruptcy Code by : Federal Judicial Center

Download or read book Navigating Chapter 9 of the Bankruptcy Code written by Federal Judicial Center and published by Government Printing Office. This book was released on 2017-11-17 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: This manual strives to provide a clearer path for judges and clerks of court handling a chapter 9 case. It outlines the statutory requirements and processes that apply in any Chapter 9 case and provides examples of relevant cases and resources. It is organized into several parts including: Part II summarizes the history of Chapter 9 and discusses constitutional challenges to the original municipal bankruptcy laws enacted in 1934 and the structural and constitutional issues analyzed by lower courts in the context of Chapter 9. Part II presents and overview of the Chapter 9 process, contrasting it with the Chapter 11 process and providing several primers on issues unique to a Chapter 9 case. This section also includes basic information on matters, such as municipal accounting, the municipal bond market, and public pension obligations. Part IV identifies key administrative matters for the judge and the clerk of court in a Chapter 9 case. Part V explains what transpires after the filing of a Chapter 9 petition and appointment of the bankruptcy judge. It follows not only the legal steps required at the beginning of the case and eligibility determination, but also covers questions, issues, and information the judge may want to consider as the case starts down the Chapter 9 path. Part VI discusses the administration of the case -- i.e. what happens after the order for relief but before the plan confirmation process. Part VII covers the end of a case: it examines the plan, the disclosure statement, and the confirmation process. it includes information on postconfirmation jurisdiction and implementation issue. You will also find information about modification of the plan or if the debtor is unable to confirm a plan within a reasonable time, or dismissal of a case. Part VII is devoted to smaller municipal cases and cases involving special purpose entities or instrumentalities of a state. Part IX focuses on larger municipal cases. These cases can present factors and considerations unique to the size of, and stakeholders, in these cases. Part X summarizes key takeaway points for judges and clerks of the court handling Chapter 9 cases.

In a Bad State

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Publisher : Oxford University Press
ISBN 13 : 0197629156
Total Pages : 249 pages
Book Rating : 4.1/5 (976 download)

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Book Synopsis In a Bad State by : David Schleicher

Download or read book In a Bad State written by David Schleicher and published by Oxford University Press. This book was released on 2023-06 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: An authoritative review of the long history of federal responses to state and local budget crises, from Alexander Hamilton through the COVID-19 pandemic, that reveals what is at stake when a state or city can't pay its debts and provides policy solutions to an intractable American problem. What should the federal government do if a state like Illinois or a city like Chicago can't pay its debts? From Alexander Hamilton's plan to assume state debts to Congress's efforts to respond to the COVID-19 pandemic, many of the most important political disputes in American history have involved federal government responses to state or local fiscal crises. In a Bad State provides the first comprehensive historical and theoretical analysis of how the federal government has addressed subnational debt crises. Tracing the long history of state and local borrowing, David Schleicher argues that federal officials want to achieve three things when a state or city nears default: prevent macroeconomic distress, encourage lending to states and cities to build infrastructure, and avoid creating incentives for reckless future state budgeting. But whether they demand state austerity, permit state defaults, or provide bailouts-and all have been tried-federal officials can only achieve two of these three goals, at best. Rather than imagining that there is a single easy federal solution, Schleicher suggests some ways the federal government could ameliorate the problem by conditioning federal aid on future state fiscal responsibility, spreading losses across governments and interests, and building resilience against crises into federal spending and tax policy. Authoritative and accessible, In a Bad State offers a guide to understanding the pressing fiscal problems that local, state, and federal officials face, and to the policy options they possess for responding to crises.

Broke

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Publisher : Macmillan + ORM
ISBN 13 : 1250237122
Total Pages : 357 pages
Book Rating : 4.2/5 (52 download)

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Book Synopsis Broke by : Jodie Adams Kirshner

Download or read book Broke written by Jodie Adams Kirshner and published by Macmillan + ORM. This book was released on 2019-11-19 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Essential...in showcasing people who are persistent, clever, flawed, loving, struggling and full of contradictions, Broke affirms why it’s worth solving the hardest problems in our most challenging cities in the first place. " —Anna Clark, The New York Times "Through in-depth reporting of structural inequality as it affects real people in Detroit, Jodie Adams Kirshner's Broke examines one side of the economic divide in America" —Salon "What Broke really tells us is how systems of government, law and finance can crush even the hardiest of boot-strap pullers." —Brian Alexander, author of Glass House A galvanizing, narrative account of a city’s bankruptcy and its aftermath told through the lives of seven valiantly struggling Detroiters Bankruptcy and the austerity it represents have become a common "solution" for struggling American cities. What do the spending cuts and limited resources do to the lives of city residents? In Broke, Jodie Adams Kirshner follows seven Detroiters as they navigate life during and after their city's bankruptcy. Reggie loses his savings trying to make a habitable home for his family. Cindy fights drug use, prostitution, and dumping on her block. Lola commutes two hours a day to her suburban job. For them, financial issues are mired within the larger ramifications of poor urban policies, restorative negligence on the state and federal level and—even before the decision to declare Detroit bankrupt in 2013—the root causes of a city’s fiscal demise. Like Matthew Desmond’s Evicted, Broke looks at what municipal distress means, not just on paper but in practical—and personal—terms. More than 40 percent of Detroit’s 700,000 residents fall below the poverty line. Post-bankruptcy, they struggle with a broken real estate market, school system, and job market—and their lives have not improved. Detroit is emblematic. Kirshner makes a powerful argument that cities—the economic engine of America—are never quite given the aid that they need by either the state or federal government for their residents to survive, not to mention flourish. Success for all America’s citizens depends on equity of opportunity.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Bankruptcy Reform Act of 1998

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Publisher :
ISBN 13 :
Total Pages : 330 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Bankruptcy Reform Act of 1998 by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law

Download or read book Bankruptcy Reform Act of 1998 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law and published by . This book was released on 1999 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Legal Scholarship for the Urban Core

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Publisher : Cambridge University Press
ISBN 13 : 1108585787
Total Pages : 263 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis Legal Scholarship for the Urban Core by : Peter Enrich

Download or read book Legal Scholarship for the Urban Core written by Peter Enrich and published by Cambridge University Press. This book was released on 2019-07-11 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: The problems of entrenched poverty and economic underdevelopment in American urban cores involve multiple overlapping challenges that have stymied consistent and long-term progress for many decades. Although inadequate and misguided laws are not solely responsible for this state of affairs, good laws - and good lawyering - can contribute enormously to overcoming the challenges of the urban cores. By showcasing a range of scholarly analyses, covering a broad spectrum of legal issues and methodologies, this book demonstrates how law and lawyers can and do respond to the challenges of the urban cores. It provides paths forward at the local level in the face of federal political paralysis and inattention and lays a foundation for new paradigms and new approaches to intransigent problems. Modeling engaged legal scholarship as a pragmatic response to contemporary challenges, this book is for anyone concerned about the current state of American urban cores.

Government Intervention in the Reorganisation of Listed Companies in China

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Publisher : Cambridge University Press
ISBN 13 : 1108496652
Total Pages : 351 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Government Intervention in the Reorganisation of Listed Companies in China by : 趙惠妙

Download or read book Government Intervention in the Reorganisation of Listed Companies in China written by 趙惠妙 and published by Cambridge University Press. This book was released on 2020-01-02 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the nature, extent and appropriateness of government intervention in the bankruptcy of listed companies in China.

Code of Judicial Conduct for United States Judges

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Publisher :
ISBN 13 :
Total Pages : 424 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Code of Judicial Conduct for United States Judges by : American Bar Association

Download or read book Code of Judicial Conduct for United States Judges written by American Bar Association and published by . This book was released on 1974 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Debt's Dominion

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Publisher : Princeton University Press
ISBN 13 : 1400828503
Total Pages : 296 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Debt's Dominion by : David A. Skeel Jr.

Download or read book Debt's Dominion written by David A. Skeel Jr. and published by Princeton University Press. This book was released on 2014-04-24 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Federal Rules of Court

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Publisher :
ISBN 13 : 9781663319005
Total Pages : pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Federal Rules of Court by :

Download or read book Federal Rules of Court written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Regulatory Policy and Governance Supporting Economic Growth and Serving the Public Interest

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Publisher : OECD Publishing
ISBN 13 : 9264116575
Total Pages : 155 pages
Book Rating : 4.2/5 (641 download)

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Book Synopsis Regulatory Policy and Governance Supporting Economic Growth and Serving the Public Interest by : OECD

Download or read book Regulatory Policy and Governance Supporting Economic Growth and Serving the Public Interest written by OECD and published by OECD Publishing. This book was released on 2011-10-25 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report encourages governments to “think big” about the relevance of regulatory policy and assesses the recent efforts of OECD countries to develop and deepen regulatory policy and governance.

Doing Business 2020

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Publisher : World Bank Publications
ISBN 13 : 1464814414
Total Pages : 241 pages
Book Rating : 4.4/5 (648 download)

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Book Synopsis Doing Business 2020 by : World Bank

Download or read book Doing Business 2020 written by World Bank and published by World Bank Publications. This book was released on 2019-11-21 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seventeen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2020 measures aspects of regulation affecting 10 areas of everyday business activity.

Handbook for Chapter 7 Trustees

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Publisher :
ISBN 13 :
Total Pages : 240 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Handbook for Chapter 7 Trustees by :

Download or read book Handbook for Chapter 7 Trustees written by and published by . This book was released on 2001 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: