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Charles W. Mooney Jr.

Charles A. Heimbold, Jr. Professor of Law

Charles Mooney Jr.

Charles Mooney Jr. is a leading legal scholar in the fields of commercial law and bankruptcy law. His book (with S. Harris) Security Interests in Personal Property (Foundation Press, 5th ed. Continue reading…

Expertise

  • Commercial Law
  • Bankruptcy
  • International Trade

Books

OFFICIAL COMMENTARY TO THE UNIDROIT CONVENTION ON SUBSTANTIVE RULES FOR INTERMEDIATED SECURITIES (Oxford University Press 2012) (with Hideki Kanda, Luc Thevenoz & Stephane Beraud).

SECURITY INTERESTS IN PERSONAL PROPERTY (with S. HARRIS, Foundation Press, 2d ed. 1992; Supp. 1999; 3d ed. 2000; 4th ed. 2006; 5th ed. 2011).

Articles and Book Chapters

When is a Dog's Tail Not a Leg?: A Property-Based Methodology for Distinguishing Sales of Receivables from Security Interests That Secure an Obligation, 82 U. CIN. L. REV. 1029 (2014) (with Steven L. Harris).

The Cape Town Convention’s Improbable-but-Possible Progeny Part One: An International Secured Transactions Registry of General Application, 55 VA. J. INT'L L. 1 (2014).

The Bankruptcy Code’s Safe Harbors for Settlement Payments and Securities Contracts: When Is Safe Too Safe?, 49 TEX. INT'L L. J. 245 (2014).

U.C.C. Article 9, Filing-Based Priority, and Fundamental Property Principles: A Reply to Professor Plank (September 1, 2013), 69 BUS. LAW. 79-92 (Nov. 2013) (with Steven L. Harris).

United States Sovereign Debt: A Thought Experiment on Default and Restructuring, in IS U.S. GOVERNMENT DEBT DIFFERENT? 169 (Franklin Allen et al. eds., 2012).

Using First Principles of UCC Article 9 to Solve Statutory Puzzles in Receivables Financing, 46 GONZ. L. REV. 297 (2011) (with Steven Harris).

Private Law and the Regulation of Securities Intermediaries: Perspectives Under the Geneva Securities Convention and United States Law, 2010 UNIF. L. REV. 811.

Core Issues Under the UNIDROIT (Geneva) Convention on Intermediated Securities: Views From the United States and Japan, in INTERMEDIATED SECURITIES: LEGAL PROBLEMS AND PRACTICAL ISSUES 69 (Louise Gullifer & Jennifer Payne eds., Hart Publishing, 2010) (with Hideki Kanda).

The (UNIDROIT) Geneva Securities Convention on Intermediated Securities, 24 BUTTERWORTH’S J. INT’L BANKING & FIN. L. 596 (2009).

Law and Systems for Intermediated Securities and the Relationship of Private Property Law to Securities Clearance and Settlement: United States, Japan, and the UNIDROIT Draft Convention, Institute for Monetary and Economic Studies, Discussion Paper No. 2008-E-8 (May 2008).

The “Consumer Compromise” in Revised UCC Article 9: The Shame of it All, 68 OHIO ST. L.J. 215 (2007).

Introductory Note to Convention on the Law Applicable to Certain Rights in respect of Securities Held with an Intermediary, 46 INT’L. LEGAL MATERIALS 645 (2007).

The Unfortunate Life and Merciful Death of the Avoidance Powers Under Section 103 of the Durbin-Delahunt Bill: What Were They Thinking?, 25 CARDOZO L. REV. 1829 (2004) (with Harris).

Insolvency Law as Credit Enhancement: The Insolvency-Related Provisions of the Cape Town Convention and the Aircraft Protocol, 13 INT’L INSOLVENCY REV. 24 (2004).

A Normative Theory of Bankruptcy: Bankruptcy As (Is) Civil Procedure, 61 WASH. & LEE L. REV. 931 (2004).

Means Measurement Rather than Means Testing: Using the Tax System to Collect from Can-Pay Consumer Debtors After Bankruptcy, 22 AM. BANKR. INST. J. 6 (2003) (with Jean Braucher).

The Roles of Individuals in UCC Reform: Is the Uniform Law Process a Potted Plant? The Case of Revised UCC Article 8, 27 OKLA. CITY U. L. REV. 553 (2002).

Modeling the Uniform Law 'Process': A Comment on Scott's Rise and Fall of Article 2, 62 LA. L. REV. 1081 (2002).

Revised Article 9 Meets the Bankruptcy Code: Policy and Impact, 9 AM. BANKR. INST. L. REV. 85 (2001) (with Steven L. Harris).

Judgment Proofing, Bankruptcy Policy, and the Dark Side of Tort Liability, 52 STAN. L. REV. 73 (1999).

Measuring the Social Costs and Benefits and Identifying the Victims of Subordinating Security Interests in Bankruptcy, 82 CORNELL L. REV. 1349 (1997) (with Steven L. Harris).

A Property-Based Theory of Security Interests: Taking Debtors' Choices Seriously, 80 VA. L. REV. 2021 (1994) (with Steven L. Harris).

Property, Credit, and Regulation Meet Information Technology: Clearance and Settlement in the Securities Markets, 55 LAW & CONTEMP. PROBS. 131 (1992) (issue devoted to "Technology and Commercial Law" for which Professor Mooney was special editor).

More publications can be found here.

Working Papers

The (Il)Legitimacy of Bankruptcies for the Benefit of Secured Creditors, 2015 U. ILL. L. REV. (forthcoming) (forthcoming)
[View Document]

Harmonizing Choice-of-Law Rules For International Insolvency Cases: Virtual Territoriality, Virtual Universalism, and the Problem of Local Interests, 9 BROOK. J. CORP., FIN. & COM. L. (forthcoming 2014). (forthcoming 2014)
[View Document]

A PROCEDURAL THEORY OF BANKRUPTCY LAW: A NORMATIVE ANALYSIS OF THE PROPER (AND IMPROPER) ROLE OF BANKRUPTCY LAW. (forthcoming 2012)

THE TRUTH ABOUT SHORTFALL OF INTERMEDIATED SECURITIES: PERSPECTIVES UNDER THE GENEVA SECURITIES CONVENTION, UNITED STATES LAW, AND THE DRAFT EUROPEAN SECURITIES DIRECTIVE (forthcoming 2011, Cambridge University Press [proposal pending]). (forthcoming 2011)

The Death of Tort? Security Interests and Tort Claims in Bankruptcy. (forthcoming)

The Case for a Legislative Guide or Model Law on Intermediated Securities: Building on the Geneva Securities Convention. (forthcoming)

Perspectives Under the UNIDROIT [Draft] Convention and United States and Japanese Law: The Case for a Legislative Guide or Model Law on Intermediated Securities: Building on the UNIDROIT [Draft] Convention.

Research Areas

  • Commercial Law and Uniform Commercial Code
  • Bankruptcy Law
  • Private International Law
  • International Business Transactions

Positions

Penn Law - Associate Dean (2008-09); Charles A. Heimbold Jr. Professor of Law (2004- ); Professor (1990-2004); Associate Dean for Academic Affairs (1998-2000); Interim Dean (1999-2000); Associate Professor (1986-90)

University of Pennsylvania – Chair, Faculty Senate (2004-05)

Visiting Professor - University of Virginia; Georgetown; University of Tokyo; Waseda University

Shearman & Sterling, New York, New York - Partner (1981-86)

Crowe & Dunlevy, Oklahoma City, Oklahoma - (1972-81); Partner/Director (1977-81)

Morgan, Lewis & Bockius L.L.P. - Consultant (1994-2003)

Professional Activities

Member, The American Law Institute (elected 1985).

Member - U.S. delegation for the UNIDROIT draft convention on intermediated securities, representing the government at international meetings in Rome and at intersessional meetings in Berne, Paris, Berlin, and Beijing.

Fellow, American College of Commercial Finance Lawyers (elected 1992).

American College of Bankruptcy: Fellow (elected 1997); At-Large Regent (2007-11); Director (2011 - Present)

Member, International Insolvency Institute (elected 2009)

Co-Reporter, National Conference of Commissioners on Uniform State Laws, Drafting Committee for the Revision of Uniform Commercial Code Article 9 (Secured Transactions) (1993-99). (Received Distinguished Service Award (April, 2002), presented by the American College of Commercial Finance Lawyers, for "work in the creation and adoption of Revised Article 9").

Courses

  • Commercial Law
  • Bankruptcy and Chapter 11 Law
  • International Business Transactions

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