Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Thin Red Line: An Analysis Of The Role Of Legal Assistants In The Chapter 13 Bankruptcy Process, David G. Epstein
Thin Red Line: An Analysis Of The Role Of Legal Assistants In The Chapter 13 Bankruptcy Process, David G. Epstein
Law Faculty Publications
The delegation by a lawyer of substantial amounts of non-ministerial functions to legal assistants raises various unauthorized practice of law issues. This Article provides an overview of the Chapter 13 bankruptcy process and state law rules regarding the unauthorized practice of law. We then discus~ these rules in the context of a typical Chapter 13 debtor practice.
Don't Go And Do Something Rash About Cram Down Interest Rates, David G. Epstein
Don't Go And Do Something Rash About Cram Down Interest Rates, David G. Epstein
Law Faculty Publications
This Article considers the second and different question of how to value the proposed payments under the plan. While the question of how to value the proposed payments under the plan is different from the question of how to value the creditor's security interest in property, there is a connection between the answers to the questions. The value of the payments must at least equal the value of the security interest.
Postpetition Lending Under Section 364: Current Issues - Incentives To Lenders To Provide Financing To Borrowers Who Are The Subject Of Bankruptcy Cases, David G. Epstein
Postpetition Lending Under Section 364: Current Issues - Incentives To Lenders To Provide Financing To Borrowers Who Are The Subject Of Bankruptcy Cases, David G. Epstein
Law Faculty Publications
A bankruptcy debtor is not viewed by most lenders as a desirable customer. Most lenders arc understandably reluctant to extend credit to such a borrower. This reluctance compounds the difficulties of a bankruptcy debtor. Without new financing, the cash needs of a debtor often will cause the debtor's assets to be liquidated, thereby foreclosing any hope of reorganization and defeating the rehabilitative purposes of the Bankruptcy Code. To counter the understandable reluctance of financial institutions to lend to bankruptcy debtors, section 364 of the Bankruptcy Code provides incentives to lenders to provide financing to borrowers who are the subject of …