Date of Publication:
Luz Estella Nagle, The FARC: Doing What Any Multinational Corporation Would Do – Diversity, 28 Int'l Enforcement L. Reporter 178 (2012)Clicking on the button will copy the full recommended citation.
Date of Publication:
Rebecca C. Morgan, Standards for Financial Decision-Making: Legal, Ethical, and Practical Issues, 2012 Utah L. Rev. 1275 (2012)Clicking on the button will copy the full recommended citation.
Date of Publication:
Louis J. Virelli, Introduction, Economic Aspects of Health Law, 42 Stetson L. Rev. 1 (2012)Clicking on the button will copy the full recommended citation.
Date of Publication:
Ellen S. Podgor, Gideon: Looking Back to the 40th Anniversary, 36 The Champion 64 (2012)Clicking on the button will copy the full recommended citation.
Date of Publication:
Royal C. Gardner et al., Avoiding, Mitigating, and Compensating for Loss and Degradation of Wetlands in National Laws and Policies, (2012)Clicking on the button will copy the full recommended citation.
Date of Publication:
W. Scott Wright et al., Courting Independence: The Rise of Effective State Tax Courts and Tribunals, Tax Analysts: State Tax Notes 475 (2012)Clicking on the button will copy the full recommended citation.
Date of Publication:
Cynthia Hawkins DeBose, Post-Adoption Services Utilization Among African American Transracial and White American Parents: Counseling and Legal Implications, 20 Fam. J. 392– (2012)Clicking on the button will copy the full recommended citation.
Date of Publication:
Kelly Feeley, Hiring Sexters to Teach Children: Creating Predictable and Flexible Standards for Negligent Hiring in Schools, 42 New Mexico L. Rev. 83 (2012)Clicking on the button will copy the full recommended citation.
Date of Publication:
Grant Christensen, Allocating Loss in Securities Fraud: Time to Adopt a Uniform for the Special Case of Ponzi Schemes, 3 Wm. & Mary Bus. L. Rev. 309 (2012)Clicking on the button will copy the full recommended citation.
The Global Financial Crisis precipitated a condensing of capital and a fall in global equities markets that resulted not solely in the necessity of government bailouts of the financial industry but also exposed a number of Ponzi schemes that collectively will cost investors tens of billions of dollars. With a new wave of litigation by innocent investors against Ponzi scheme operators just beginning, and likely to take years, it becomes important to clearly identify the methodologies used to value the loss and allocate existing assets among remaining creditors. To that end I offer this article to argue that courts ought to use a comparatively new approach – the loss to the losing victim methodology originally pioneered in criminal law – to determine how equally innocent victims share the losses these schemes precipitated. By standardizing the calculation of loss to investors in both criminal and civil law, the courts will not only make the determination of loss considerably easier, but also more equitable.
Date of Publication:
Theresa J. Pulley Radwan, Projecting the Impact of Lanning and Ransom: Calculating “Projected Disposable Income” in Chapter 13 Repayment Plans, 29 Emory Bankr. Dev. J. 59 (2012)Clicking on the button will copy the full recommended citation.
This article considers the impact of two recent Supreme Court decisions regarding how a bankruptcy debtor calculates projected disposable income that must be dedicated to repayment of creditors in a chapter 13 case. Though the Supreme Court decisions seem consistent in that both reject a “formulaic” approach to that calculation, there are subtle inconsistencies that have caused confusion in applying these decisions. The article considers how these decisions impact the projected disposable income calculation in two different factual scenarios: (1) the debtor’s income or expenses terminate during the term of the plan, or (2) the debtor’s expenses remain the same but never reach the level of deductions contemplated by the United States Bankruptcy Code. Ultimately, the article concludes that the calculation of projected disposable income should focus on the debtor’s actual income and expenses in all situations.