Emory Bankruptcy Developments Journal

Volume 35Issue 2
The Sixteenth Annual Emory Bankruptcy Developments Journal Symposium

Beyond the Bankruptcy Code: A New Statutory Bankruptcy Regime for Tribal Debtors

Laura N. Coordes | 35 Emory Bankr. Dev. J. 363 (2019)

This outstanding Article by Professor Laura N. Coordes discusses the difficulty tribal debtors experience when dealing with financial distress. This Article reveals how and why the Bankruptcy Code is a poor fit for tribal debtors. Instead, this Article proposes that Congress enact a new statutory regime to provide structured debt relief for tribal entities. This Article analyzes analogous situations in which Congress looked beyond the Bankruptcy Code to provide debt relief when the Bankruptcy Code was unable to do so.

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Three Against Two: On the Difference Between Property and Contract and the Example of Deposit Accounts in Bankruptcy

Jeanne L. Schroeder & David Gray Carlson | 35 Emory Bankr. Dev. J. 417 (2019)

This excellent Article by Professors Jeanne L. Schroeder And David Gray Carlson explores the tension between Citizen’s Bank v. Strumpf, 516 U.S. 16 (1995) and later amendments to the Uniform Commercial Code that made deposit accounts collateral for the depositary bank maintaining the account. The Article discusses the question of whether the Uniform Commercial Code amendments could be read to have overruled the Supreme Court. In answering this question in the negative, this Article argues that the Justice Scalia was vindicated by the text of the Uniform Commercial Code and that the 2000 amendments had not overruled the Supreme Court’s decision in Stumpf.

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