SelectedWorks @ Widener University Commonwealth Law School
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Editorial, Child Support: Benefit Would Last Beyond Payer’s Death Under Proposed Change in Custody Law
No full textAt the Intersection of Bank Finance and Derivatives: Who Has the Right of Way?
No full textThe over-the-counter (“OTC”) derivatives industry has developed into one of the world\u27s fastest growing financial markets.1Businesses of almost any description, size, and sophistication now engage in derivative transactions
Year 2000 Credit Risk and Derivatives: Insulating Banks from Counterparty Meltdown
No full textYear 2000 computer software problems are looming large for financial institutions because bank regulators are now requiring them to confront not only their own problems, but also those of their customers
Learning to Think About International Tax
No full textReview of International Taxation by Charles I. Kingson and Cynthia A. Blum
Editorial, Child Support: Benefit Would Last Beyond Payer’s Death under Proposed Change in Custody Law
No full text
Minimizing the Risks of OTC Derivatives Through Loan Documentation
No full textFollowing an introduction to the two types of derivatives instruments (exchange and over-the-counter ( OTC )) this article focuses primarily on minimizing risk from OTC derivatives used to hedge variable interest rate risk. The author uses best practices observed in a loan documentation review of 200 institutions\u27 transactions to demonstrate that the path to risk mitigation lies prudent loan documentation that includes definitions and controls. Controls may include restricting the amount of indebtedness, controlling the quality of the transaction, restricting the purposes for a transaction, pledging collateral, default provisions, application of proceeds, and the incorporation of loan covenants
Distinguishing Hogs from Pigs: A Proposal for A Preference Approach to Pre-Bankruptcy Planning
No full textIn this article, I argue that courts should not look upon pre-bankruptcy exemption planning as a fraudulent transfer issue, but rather as a preferential transfer issue. Part II of this article will discuss the need for a coherent theory, Part III will discuss some of the recent pre-bankruptcy planning cases, Part IV will discuss why uniformity in the area of exemption planning is desirable, Part V will discuss some of the scholarly analysis of pre-bankruptcy exemption planning, Part VI will discuss exemption policy generally, Part VII will discuss the preference avoidance power, and Part VIII will propose statutory treatment of pre-bankruptcy exemption planning patterned on the Code\u27s preferential transfer provision
