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Full-Text Articles in Law

Consumer Bankruptcy, Nondischargeability, And Penal Debt, Abbye Atkinson Aug 2019

Consumer Bankruptcy, Nondischargeability, And Penal Debt, Abbye Atkinson

Abbye Atkinson

This Article examines the issue of categorically nondischargeable debts in the Bankruptcy Code. These debts are excepted from discharge ostensibly because they indicate that the debtor incurred the debt through some misconduct, there is an important public policy at play that requires the debt to be excepted from discharge, or a discharge of certain state-imposed debts raises federalism concerns. Using penal debt as its lens, this Article critiques these analytical frames, arguing that they do not do much work to help explain why some debts are treated as categorically nondischargeable while others that seem to implicate the same concerns are …


The Role Of Empirical Data In Developing Bankruptcy Legislation For Individuals, Marjorie L. Girth Oct 2014

The Role Of Empirical Data In Developing Bankruptcy Legislation For Individuals, Marjorie L. Girth

Marjorie L. Girth

Symposium: As We Forgive Our Debtors


The Bankruptcy Of Golfers' Warehouse, Inc.: A Lesson In How To Sell A Business In Chapter 11, Briton Collins, Will Smith, David Choi Dec 2013

The Bankruptcy Of Golfers' Warehouse, Inc.: A Lesson In How To Sell A Business In Chapter 11, Briton Collins, Will Smith, David Choi

David Y Choi

No abstract provided.


The Denial Of Future Tort Claims In In Re Piper Aircraft: Will The Court's Quick-Fix Solution Keep The Debtor Flying High Or Bring It Crashing Down?, Michelle M. Harner Apr 2012

The Denial Of Future Tort Claims In In Re Piper Aircraft: Will The Court's Quick-Fix Solution Keep The Debtor Flying High Or Bring It Crashing Down?, Michelle M. Harner

Michelle M. Harner

No abstract provided.


2001: A Code Odyssey (New Dawn For The Article 9 Secured Creditor), Ingrid Michelsen Hillinger, Michael G. Hillinger Jan 2012

2001: A Code Odyssey (New Dawn For The Article 9 Secured Creditor), Ingrid Michelsen Hillinger, Michael G. Hillinger

Ingrid Michelsen Hillinger

No abstract provided.


The Potential Value Of Dynamic Tension In Restructuring Negotiations, Michelle M. Harner, Jamie Marincic Mar 2011

The Potential Value Of Dynamic Tension In Restructuring Negotiations, Michelle M. Harner, Jamie Marincic

Michelle M. Harner

No abstract provided.