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Trade-in Value and Automobile Loans After Bankruptcy Reform
Last month, we discussed that when, in 2005, Congress enacted PL 109-8, significant changes were in store for the automobile finance industry. Four years after the enactment of PL 109-8, there is as yet little literature on the real-world financial consequences of the 910 provision. Based on a comprehensive review of the legislative history of 11 USC ' 1325(a)(*), there can be little doubt that the 910 day provision covers all portions of a debt incurred for the purpose of financing an automobile, including negative equity and insurance charges. But there is heavy debate in Congress; we presented an overview of selected legal issues to prove our point. The conclusion herein continues the discussion.
Overview of Selected Legal Issues
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.