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A Note On An Optimal Garnishing Rule, Martin Shubik, Pradeep Dubey Nov 1987

A Note On An Optimal Garnishing Rule, Martin Shubik, Pradeep Dubey

Cowles Foundation Discussion Papers

A simple optimal garnishing rule to discourage strategic bankruptcy is derived.


Examination Of Farm Bankruptcy Debtors And Their Creditors, Larry Janssen, Brian Schmiesing Aug 1987

Examination Of Farm Bankruptcy Debtors And Their Creditors, Larry Janssen, Brian Schmiesing

Economics Research Reports

Agricultural financial conditions and farm reorganization options have been analyzed extensively by agricultural economists, but analysis of actual reorganization bankruptcy filings has not been completed. This study contains analysis of 219 Chapter 11 farm filings in South Dakota from 1980-1985 and documents financially related characteristics of these producers and their secured. impaired and unsecured creditors. Discriminant analysis is used to examine the predictive value of initial filing data on eventual court disposition of farm Chapter 11 cases. Major provisions of Federal Bankruptcy Chapter 11 and 12 are compared. South Dakota agricultural lenders' reactions concerning impacts of Chapter 12 on credit …


Farm Reorganization Bankruptcies In South Dakota, Larry Janssen Jul 1987

Farm Reorganization Bankruptcies In South Dakota, Larry Janssen

Economics Commentator

No abstract provided.


Characteristics Of Farm Reorganization Bankruptcy Filings, Larry Janssen, Brian Schmiesing Jun 1987

Characteristics Of Farm Reorganization Bankruptcy Filings, Larry Janssen, Brian Schmiesing

Economics Staff Paper Series

Although agricultural financial conditions and reorganization options have been analyzed extensively by agricultural economists, an analysis of actual Chapter 11 bankruptcy filing has not previously been completed. This study contains analysis of actual Chapter 11 bankruptcy filings has not previously been completed. This study contains analysis of 219 filings in South Dakota from 1980-85 and documents the financial characteristics of producers and creditors.


Successor Liability In Bankruptcy: Some Unifying Themes Of Intertemporal Creditor Priorities Created By Running Covenants, Products Liability, And Toxic-Waste Cleanup, David G. Carlson Apr 1987

Successor Liability In Bankruptcy: Some Unifying Themes Of Intertemporal Creditor Priorities Created By Running Covenants, Products Liability, And Toxic-Waste Cleanup, David G. Carlson

Articles

No abstract provided.


Seventh Annual Seminar On Legal Issues For Bank Counsel, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, M. Brooks Senn, C. Christopher Trower, William D. Roberts, Richard S. Holt, David C. Pottinger, Carl R. Page, Sherry F. Hardy, John T. Mcgarvey, William R. Mapother, Bankers Training And Consulting Company, Gregg Neal Mar 1987

Seventh Annual Seminar On Legal Issues For Bank Counsel, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, M. Brooks Senn, C. Christopher Trower, William D. Roberts, Richard S. Holt, David C. Pottinger, Carl R. Page, Sherry F. Hardy, John T. Mcgarvey, William R. Mapother, Bankers Training And Consulting Company, Gregg Neal

Continuing Legal Education Materials

Outlines of speakers' presentations from the Seventh Annual Seminar on Legal Issues for Bank Counsel held on March 13-14, 1987.


(Part 2) Chapter 7 Cases: Do Erisa And The Bankruptcy Code Conflict As To Whether A Debtor's Interest In Or Rights Under A Qualified Plan Can Be Used To Pay Claims, Donna Litman Jan 1987

(Part 2) Chapter 7 Cases: Do Erisa And The Bankruptcy Code Conflict As To Whether A Debtor's Interest In Or Rights Under A Qualified Plan Can Be Used To Pay Claims, Donna Litman

Faculty Scholarship

No abstract provided.


Buyer Status Under The U.C.C: A Suggested Temporal Definition, David Frisch Jan 1987

Buyer Status Under The U.C.C: A Suggested Temporal Definition, David Frisch

Law Faculty Publications

This Article attempts two different but complementary tasks. First, it offers an answer to the "by no means academic question" asked above. In so doing, the Article considers Code rules that affect the buyer-seller relationship and those that impact on the interests of third parties. The conclusion reached is that buyer status occurs at the moment the purchaser obtains the remedial right to the goods vis-a-vis the seller. In most instances, therefore, buyer status will inevitably coincide with the moment the remedy of specific performance or, in some cases, replevin becomes available to the buyer. The Article's second purpose is …


Basics Of Business Reorganization In Bankruptcy, Steven L. Schwarcz Jan 1987

Basics Of Business Reorganization In Bankruptcy, Steven L. Schwarcz

Faculty Scholarship

In this article, Steven Schwarcz offers an overview of Chapter 11 bankruptcy. In addition to beginning a Chapter 11 case, he also discusses administration of these cases and the plan of reorganization that a debtor must consider.


United States Judicial Assistance In Cross-Border Insolvencies, Douglass G. Boshkoff Jan 1987

United States Judicial Assistance In Cross-Border Insolvencies, Douglass G. Boshkoff

Articles by Maurer Faculty

No abstract provided.


Taking From Farm Lenders And Farm Debtors: Chapter 12 Of The Bankruptcy Code, James J. White Jan 1987

Taking From Farm Lenders And Farm Debtors: Chapter 12 Of The Bankruptcy Code, James J. White

Articles

In passing Chapter 12 of the Bankruptcy Reform Act, Congress has effectively invalidated certain important provisions of existing farm mortgages. Equally significant, Congress has disabled farmers from granting binding mortgages on the full, value of their property. Although no court is likely to find the Chapter to violate the fifth amendment, the Chapter constitutes a substantial and retroactive alteration of the rights of existing mortgagees and a restriction on the powers of prospective mortgagors to grant valid mortgages. The thesis of this paper is that Congress was both wrong and shortsighted in its enactment of Chapter 12. Congress was wrong …