Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Bankruptcy (5)
- Bankruptcy reform (2)
- Abstention doctrine (1)
- Bankrupcty (1)
- Bankruptcy Law (1)
-
- Bankruptcy Law; Admiralty & Maritime Law; Civil Procedure (1)
- Bankruptcy Law; Estate (1)
- Bankruptcy Reform Act of 1978 (1)
- Bankruptcy code (1)
- Bankruptcy procedure (1)
- Bankruptcy process (1)
- Bankruptcy reorganization (1)
- Civil Procedure (1)
- Constitutional Law (1)
- Court split (1)
- Criminal Law; Criminal Procedure; Bankruptcy Law (1)
- Debt (1)
- Discharge (1)
- Discharge of debt (1)
- Federal courts (1)
- Foreclosure (1)
- Fourth Circuit (1)
- General Fund Securities (1)
- General Obligation Bonds (1)
- Gift & Trust Law (1)
- Injuctions (1)
- Involuntary bankruptcy (1)
- Middle class (1)
- Municipal bankruptcy (1)
- Obligations (1)
- Publication Year
- Publication
Articles 1 - 17 of 17
Full-Text Articles in Law
Bankruptcy, Taxes, And The Primacy Of Irs Refund Offsets: Copley V. United States, Michelle Lyon Drumbl
Bankruptcy, Taxes, And The Primacy Of Irs Refund Offsets: Copley V. United States, Michelle Lyon Drumbl
Scholarly Articles
The Bankruptcy Code and the Internal Revenue Code (I.R.C.) are statutory labyrinths of federal law. Copley v. United States called on the Fourth Circuit to resolve a question that arose when respective provisions of each collided. At the heart of Copley was a married couple seeking a fresh start with an expected $3,208 income tax refund. The Copleys wished to resolve their outstanding debts in bankruptcy and maximize the relief afforded to them under the Virginia homestead exemption provision, as permitted by the Bankruptcy Code. On the other side of the proverbial table was the Internal Revenue Service (IRS) armed …
Modern Waste Law, Bankruptcy, And Residential Mortgage, Jill M. Fraley
Modern Waste Law, Bankruptcy, And Residential Mortgage, Jill M. Fraley
Scholarly Articles
Around the time of the subprime mortgage collapse, lenders began in earnest to sue borrowers by adapting the traditional law of waste. Today, these claims continue to rise in frequency and to expand to more jurisdictions. Lender waste claims provide a “work around” for state mortgage laws that prohibit personal deficiency judgments after foreclosure and are potentially non-dischargeable in bankruptcy.
While a recent wave of scholarship has addressed the problems of how the bankruptcy system handles mortgages, scholars have not yet explored the use of waste actions by lenders and how waste judgments intersect with bankruptcy and foreclosure. Using new …
Brief Of Professor Margaret Howard As Amicus Curiae In Support Of Respondents: Bank Of America, N.A. V. Caulkett, Margaret Howard
Brief Of Professor Margaret Howard As Amicus Curiae In Support Of Respondents: Bank Of America, N.A. V. Caulkett, Margaret Howard
Scholarly Articles
None available.
Feeling Insecure—A State View Of Whether Investors In Municipal General Obligation Bonds Have A Mere Promise To Pay Or A Binding Obligation, Randle B. Pollard
Feeling Insecure—A State View Of Whether Investors In Municipal General Obligation Bonds Have A Mere Promise To Pay Or A Binding Obligation, Randle B. Pollard
Scholarly Articles
The City of Detroit's filing for municipal bankruptcy in July, 2013, has added to a continuing controversy of whether general obligation bondholders have a secured lien. The City of Detroit claimed its general obligation bondholders did not have a fully secured lien because the law of the state of Michigan did not create a statutory lien. Without the creation of a lien by state law, during the insolvency or bankruptcy of municipalities, general obligation bondholders will potentially have a mere promise to pay versus a binding obligation to pay, and therefore, will not have a secured lien. Treating otherwise secured …
Debarring Faithless Corporate And Religious Fiduciaries In Bankruptcy, Lyman P.Q. Johnson
Debarring Faithless Corporate And Religious Fiduciaries In Bankruptcy, Lyman P.Q. Johnson
Scholarly Articles
Fiduciary duties for the top governance officials of both business and religious organizations demand faithfulness to the institution’s mission, a seemingly strict demand. Meaningful sanctions for breach, however, are difficult to obtain and may not deter future misconduct, including that kind of conduct leading to organizational bankruptcy. This article advocates that, to attain both special and general deterrence, bankruptcy law should look to other regulatory regimes and permit a bankruptcy court to debar faithless secular and ecclesiastical fiduciaries from holding certain leadership positions. Although written shortly before the 2012 Supreme Court Hosanna-Tabor decision, that opinion – addressing the “ministerial exception” …
Bankruptcy Federalism: A Doctrine Askew, Margaret Howard
Bankruptcy Federalism: A Doctrine Askew, Margaret Howard
Scholarly Articles
No abstract provided.
Bankruptcy Bondage, Margaret Howard
Bankruptcy Bondage, Margaret Howard
Scholarly Articles
Initially, it might seem an affront to the history of slavery in this country to suggest that similar concerns are raised by an expectation that debtors pay their debts. Nevertheless, certain aspects of the Bankruptcy Code present genuine constitutional difficulties under the Thirteenth Amendment. These difficulties have been recognized for several decades, albeit as a matter of speculation. Now, however, un- der the 2005 Amendments to the Bankruptcy Code, this issue is no longer speculative. Under the 2005 Amendments, an individual debtor may be put into a chapter 11 proceeding involuntarily, and re- quired to make payments under a plan …
The Law Of Unintended Consequences, Margaret Howard
The Law Of Unintended Consequences, Margaret Howard
Scholarly Articles
My purpose is to talk about the 2005 Amendments and how things are going with the new provisions. But where do you start, with a bad law? We could start with the enactment process, but that's old news now. And besides,you've already heard the line: "Some members of Congress could not be bought; for everyone else there was MasterCard." We could talk about the policy choices, and the 2005 Amendments clearly represent a shift in that respect--perhaps in the category of "seismic" or "cataclysmic."
Bankruptcy Empiricism: Lighthouse Still No Good (Reviewing Teresa A. Sullivan, Elizabeth Warren & Jay Lawrence Westbook, The Fragile Middle Class: Americans In Debt (2000)), Margaret Howard
Scholarly Articles
Not available.
Kelly V. Robinson, Lewis F. Powell Jr.
Midlantic National Bank V. New Jersey Department Of Environmental Protection, Lewis F. Powell Jr.
Midlantic National Bank V. New Jersey Department Of Environmental Protection, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Northern Pipeline Construction Co. V. Marathon Pipe Line Co., Lewis F. Powell Jr.
Northern Pipeline Construction Co. V. Marathon Pipe Line Co., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Bankruptcy Discharge: Toward A Fresher Start, Doug Rendleman
The Bankruptcy Discharge: Toward A Fresher Start, Doug Rendleman
Scholarly Articles
None available
Liquidation Bankruptcy Under The '78 Code, Doug Rendleman
Liquidation Bankruptcy Under The '78 Code, Doug Rendleman
Scholarly Articles
None available
Bankruptcy Revision: Process And Procedure, Doug Rendleman
Bankruptcy Revision: Process And Procedure, Doug Rendleman
Scholarly Articles
None available
United States V. Kras, Lewis F. Powell Jr.
United States V. Kras, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Caplin V. Marine Midland Grace Trust Co. Of New York, Lewis F. Powell Jr.
Caplin V. Marine Midland Grace Trust Co. Of New York, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.