(Download) "Judicial Independence, Autonomy, And the Bankruptcy Courts." by Stanford Law School ~ eBook PDF Kindle ePub Free

eBook details

Title: Judicial Independence, Autonomy, And the Bankruptcy Courts.
Author : Stanford Law School
Release Date : January 01, 2010
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 439 KB

Description

INTRODUCTION How much power should we grant to bankruptcy judges? That question has taken on new prominence as lawmakers and commentators consider responses to the financial crisis that contemplate an active role by bankruptcy courts. Recently, proposals to allow bankruptcy judges to restructure mortgages on primary residences have generated heated debate. (1) For millions of homeowners who cannot meet the obligations of their current loan terms, those proposals might avert foreclosure, but they would also give bankruptcy judges a prominent role in, essentially, restructuring substantial parts of the residential real estate market. Bankruptcy judges similarly took center stage in debates about restructuring another swath of the national economy--the domestic automobile industry--as Chrysler and General Motors filed for reorganization under Chapter 11 of the Bankruptcy Code. (2) Beyond their massive size, the automakers' bankruptcies were remarkable for the active role of the federal government in encouraging the filings and charting the course of the proceedings---circumstances leading to concerns that their bankruptcy cases were unduly influenced by political actors. (3)