All posts in Books & Articles

Ethics and Getting Paid – Prof. Nancy Rapoport – July 21, 2018

Prof. Nancy Rapoport is our guest speaker along with Judge Erithe Smith for the cdcbaa Fifth Annual Jim King Bankruptcy Symposium.  Below is her top 15 most downloaded articles.  They can all be downloaded here.

(Rank)

 1.

Lord of the Flies (1963): Development of Rules Within an Adolescent Culture

SCREENING JUSTICE – THE CINEMA OF LAW: SIGNIFICANT FILMS OF LAW, ORDER AND SOCIAL JUSTICE, Rennard Strickland, Teree E. Foster & Taunya Lovell Banks, eds., William S. Hein & Co., 2006, UNLV William S. Boyd School of Law Legal Studies Research Paper No. 08-21
Number of pages: 23 Posted: 05 Dec 2006 Last Revised: 29 May 2008
Nancy B. Rapoport
University of Nevada, Las Vegas, William S. Boyd School of Law
Downloads707(31,176)
2.

Enron, Titanic, and the Perfect Storm

Fordham Law Review, Vol. 71, p. 1373, 2003
Number of pages: 23 Posted: 10 Feb 2004
Nancy B. Rapoport
University of Nevada, Las Vegas, William S. Boyd School of Law
Downloads600(38,868)

Very Nice Article on Paid Preparers

How to Get Away With Bankruptcy Fraud

This article by Paul Kiel for ProPublica is really nice.  We all know it goes on and most of us wish we could help fix the problem.  The article shows why Judge Maureen Tighe should be up for canonization.

I sent Paul an email thanking him for the investigative work and the great article.  Here is his response:”

Thanks, Jon. I hope it leads to something!  Please let me know if you see any evidence of stepped-up enforcement or anything like that, because we publish our stories with the goal that they bring change.  There has been some chatter about a kind of task force between the debtor and creditor bar on the CACBA listserv, I think.

Front Row Kids

This is such a great article.  I have posted before on how the Supreme Court Justices are basically carbon copies of each other.  They come from basically two elitist schools, have not been trial judges, have not been in the trenches with “the people.”  A tip of the hat to my Associate David Kritzer for pointing this article out to me.

‘Front Row Kids’ and values have taken over our courts

two mutually hostile camps: a largely coastal, urban party run by educated elites, and a largely rural and suburban “flyover country” party composed of people who did not attend elite schools and who do not see themselves as dependent on those who do. Read more…

Prof. Chemerinsky Explains Goodyear Tire & Rubber Co. v. Haeger

The 9th Circuit was reversed by the Supreme Court on Tuesday in Goodyear Tire & Rubber Co. v. Haeger, — S. Ct. —, 2017 WL 1377379 (2017).  The case deals with a court’s inherent powers to sanction parties and attorneys.   The rule is pretty clear that a court may sanction a party using its inherent power if the party’s conduct was “bad faith, wanton, vexatious, or oppressive,” i.e., more than reckless or even frivolous.  But how much?  The unanimous Supreme Court said the sanctions “must be compensatory rather than punitive in nature.”  It said that the “fee award may go no further than to redress the wronged party ‘for losses sustained’; it may not impose an additional amount as punishment for the sanctioned party’s misbehavior.”  Thus, “a court’s shifting of fees is limited to reimbursing the victim.”  That is not to say that the sanctions cannot be punitive but if they are, that is essentially a criminal proceeding and the sanctionee has the same rights as other criminal defendants.

In Goodyear, certain reports favorable to the Plaintiff were not turned over to the Plaintiff.  The Plaintiff, not knowing that the reports existed, ultimately settled with Goodyear.  A year later, the reports were discovered.  How is the district court going to figure out “the losses sustained” because of the failure to turnover the reports? Read more…

A Summary of Bankruptcy Law Third Edition

I have finally finished my Summary of Bankruptcy Law Third Edition.  You can get it on Amazon by clicking here.    The 400+ footnotes focus almost entirely on the 9th Circuit and California law.  Let me know what you think.

Financial Report of the United States Government 2015

Just ran across this 274 page report.  ”Mind blown,” as Kramer liked to say.  Statistics and financial info until you can’t stand it no more.

The financial fact that jumped out at me is that the US Government owns $3.2 trillion in TOTAL assets (page 60).  Of that, $1.2 trillion, or more than a third of the total, is “Loans Receivable.”  Of that, $977 billion is student loans!  So 31% of the value of the assets this country owns is receivable from students and former students.   I wonder how they valued the assets? Read more…

Nice Post by Cathy Moran on Hamp

Last Call For Loan Modifications Under HAMP

BY CATHY MORAN, ON NOVEMBER 13TH, 2016

By Cathy Moran, Certified Consumer Bankruptcy Specialist, Mountain View, CA

HAMP, the government program incentivizing home loan modifications, ends in 2016. Read more…

A Great Lesson From Prof. Stephen Bainbridge on Law School Exams

Law school exams, the bane of my existence.  This is such a good lesson from the blog UCLA Law Prof. Stephen Bainbridge.  Reprinted verbatim.

Exam drafting tips for a new law teacher

A former student who is now teaching securities regulation for the first time asked for some exam writing tips. FWIW, here’s what I came up with:

  • Don’t make it too complicated. You’ll get garbage back.
    • You could put students in a room with a window, ask them to describe the weather, and get a bell curve. So don’t make it too complicated.
  • Try to be fair. If you use three essays (typical) make sure they focus on three areas that ate up a lot of class time. Read more…

Great Article on Bankruptcy 101 by Retired Judge Lisa Hill Fenning

This article, written for the Association of Corporate Counsel, is directed at “investors.”  You can access it here.

Debt Collection Tricks Exposed By the Courts

Nice post by Christine Wilton on a new case slapping around debt collectors for trying to collect “time barred” debts.  The post is here.