Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- American University Washington College of Law (2)
- Brooklyn Law School (2)
- Columbia Law School (2)
- New York Law School (2)
- Penn State Law (2)
-
- University of Florida Levin College of Law (2)
- University of Georgia School of Law (2)
- University of Missouri-Kansas City School of Law (2)
- Chicago-Kent College of Law (1)
- Cornell University Law School (1)
- Duke Law (1)
- Georgia State University College of Law (1)
- Maurer School of Law: Indiana University (1)
- Southern Methodist University (1)
- The Catholic University of America, Columbus School of Law (1)
- University of Baltimore Law (1)
- University of Kentucky (1)
- University of Michigan Law School (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Pennsylvania Carey Law School (1)
- University of Richmond (1)
- William & Mary Law School (1)
- Keyword
-
- Bankruptcy (11)
- Chapter 11 (3)
- Bankruptcy Law (2)
- Bankruptcy law (2)
- Debtor (2)
-
- U.S. (2)
- 523(a)(15)(B) (1)
- Article III (1)
- BNEC (1)
- Bank holding companies (1)
- Banking Law (1)
- Banking law (1)
- Bankruptcy Court Judgments (1)
- Bankruptcy Reform Act of 1994 (1)
- Bankruptcy laws (1)
- Bankruptcy trustee (1)
- Bankruptcy; Taxation; Debt; (1)
- Boundaries (1)
- Chapter 13 (1)
- Claim of exemption (1)
- Collateral (1)
- Commercial law (ucc) (1)
- Commodity Futures Trading Commission v. Schor (1)
- Comparative legal analysis (1)
- Computer Law (1)
- Consumer protection law (1)
- Contention (1)
- Contracts law (1)
- Controversy (1)
- Cornell Law Review (1)
- Publication
-
- Faculty Scholarship (5)
- All Faculty Scholarship (3)
- Articles & Chapters (2)
- Articles in Law Reviews & Other Academic Journals (2)
- Faculty Works (2)
-
- Journal Articles (2)
- LLM Theses and Essays (2)
- UF Law Faculty Publications (2)
- Articles (1)
- Articles by Maurer Faculty (1)
- Continuing Legal Education Materials (1)
- Cornell Law Faculty Publications (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Publications (1)
- Faculty Publications By Year (1)
- Law Faculty Publications (1)
- Scholarly Articles (1)
- Scholarly Works (1)
Articles 1 - 30 of 30
Full-Text Articles in Law
8th Biennial Midwest/Midsouth Bankruptcy Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Lawrence Ponoroff, Douglass G. Boshkoff, Tracey N. Wise, Christopher W. Frost, Keith M. Lundin, Ray Reynolds Graves, David G. Epstein, Joe Lee, Robert E. Mckenzie, Conrad K. Cyr
8th Biennial Midwest/Midsouth Bankruptcy Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Lawrence Ponoroff, Douglass G. Boshkoff, Tracey N. Wise, Christopher W. Frost, Keith M. Lundin, Ray Reynolds Graves, David G. Epstein, Joe Lee, Robert E. Mckenzie, Conrad K. Cyr
Continuing Legal Education Materials
Materials from the 8th Biennial Midwest/Midsouth Bankruptcy Institute held December 1997.
Lifestyles Of The Not-So-Rich Or Famous: The Role Of Choice And Sacrifice In Bankruptcy, A. Mechele Dickerson
Lifestyles Of The Not-So-Rich Or Famous: The Role Of Choice And Sacrifice In Bankruptcy, A. Mechele Dickerson
Faculty Publications
No abstract provided.
Is Chapter 11 Too Favorable To Debtors? Evidence From Abroad, Theodore Eisenberg, Stefan Sundgren
Is Chapter 11 Too Favorable To Debtors? Evidence From Abroad, Theodore Eisenberg, Stefan Sundgren
Cornell Law Faculty Publications
Chapter 11 is widely believed to be among the industrialized world's most debtor-oriented reorganization laws. Critics assert that Chapter 11 is too easily available and that it allows debtors too much control by, inter alia, not requiring appointment of a trustee. One criticism of Chapter 11, low returns to unsecured creditors, resonates with an important theme of this Symposium, the Bebchuk-Fried proposal to reduce secured creditor priority in insolvency proceedings. The Chapter 11 criticisms and the Bebchuk-Fried proposal raise the question whether less easy access to Chapter 11, reduced debtor control, diminished secured creditor priority, or other changes could reduce …
Repose Or Not? Informal Objections To Claims Of Exemptions After Taylor V. Freeland, Kenneth D. Ferguson
Repose Or Not? Informal Objections To Claims Of Exemptions After Taylor V. Freeland, Kenneth D. Ferguson
Faculty Works
In Taylor v. Freeland & Kronz, over the trustee's untimely objection, the Supreme Court permitted the bankruptcy debtor to exempt $110,000 that was ineligible under substantive exemption law. The Court rejected the view that unless the debtor had a good faith claim to the exemption or a statutory basis for the exemption, even an untimely objection to the debtor's claim of exemption could terminate the debtor's right to the exemption. Disturbed by the prospects of debtors receiving unjustified windfalls, several courts have developed "informal objection" doctrines to circumvent the "strict constructionist" doctrine of Taylor. However, Taylor's potential for encouraging debtors …
Christians V. Crystal Evangelical Free Church: Interpreting Rfra In The Battle Among God, The Government, And The Bankruptcy Code, Susan Franck
Articles in Law Reviews & Other Academic Journals
In keeping with their religious traditions as devout Protestants, Bruce and Nancy Young regularly gave to their church in New Hope, Minnesota. From February 1991 to February 1992, the Youngs tithed $13,450 to their church.' Unfortunately-due to financial difficulties--the Youngs filed for Chapter 7 bankruptcy in February 1992. Because the Youngs tithed the $13,450 while insolvent, the bankruptcy trustee for their estate initiated a proceeding to void the transfers and return the contributions to the estate.
Derivative Securities: Governmental Entities As End Users, Bankrupts And Other Big Losers, Robert C. Downs, Lenora J. Fowler
Derivative Securities: Governmental Entities As End Users, Bankrupts And Other Big Losers, Robert C. Downs, Lenora J. Fowler
Faculty Works
No abstract provided.
Measuring The Social Costs And Benefits And Identifying The Victims Of Subordinating Security Interests In Bankruptcy, (With C. Mooney, Jr.). , Steven L. Harris
Measuring The Social Costs And Benefits And Identifying The Victims Of Subordinating Security Interests In Bankruptcy, (With C. Mooney, Jr.). , Steven L. Harris
All Faculty Scholarship
No abstract provided.
Strategies For Preserving The Bankruptcy Trustee's Avoidance Power Against States After Seminole Tribe, Edward J. Janger
Strategies For Preserving The Bankruptcy Trustee's Avoidance Power Against States After Seminole Tribe, Edward J. Janger
Faculty Scholarship
No abstract provided.
Strategies For Preserving The Bankruptcy Trustee's Avoidance Power Against States After Seminole Tribe, Edward J. Janger
Strategies For Preserving The Bankruptcy Trustee's Avoidance Power Against States After Seminole Tribe, Edward J. Janger
Faculty Scholarship
No abstract provided.
Reconciling The Dormant Conflict: Crafting A Banking Exception To The Fraudulent Conveyance Provision Of The Bankruptcy Code For Bank Holding Company Asset Transfers, Cassandra Jones Havard
Reconciling The Dormant Conflict: Crafting A Banking Exception To The Fraudulent Conveyance Provision Of The Bankruptcy Code For Bank Holding Company Asset Transfers, Cassandra Jones Havard
All Faculty Scholarship
Banking law and bankruptcy law clash. This is most evident when a bank holding company (parent company) becomes insolvent after it has made an asset transfer to its financially troubled bank subsidiary.
The Bankruptcy Code (Code) governs the insolvency proceedings of the bank holding company. Predictably, the parent company's trustee, appointed for the protection of all the creditors of the bankrupt entity, uses the fraudulent conveyance provision of the Code to have any asset transfers that were made to the bank subsidiary returned to the debtor's estate. The good faith exception to that provision will protect the asset transfer only …
Reorganization A Comparative Study Of Reorganization In Denmark And In The United States, Poul Jagd Mogensen
Reorganization A Comparative Study Of Reorganization In Denmark And In The United States, Poul Jagd Mogensen
LLM Theses and Essays
The purpose of this thesis is to analyze and discuss a list of specific problems in the current Danish system and in this analysis to examine how these problems are dealt with under the United States laws on reorganization. The thesis consists of five parts in addition to this Introduction. Part II is an introduction to the laws on reorganization in Denmark and in the United States. Part II also includes a brief introduction to out-of-court workouts as an alternative to reorganization under the bankruptcy laws. Part III provides statistical information on the number of reorganizations, the outcome of reorganizations, …
High-Tech Heroes, Virtual Villians, And Jacked-In Justice: Visions Of Law And Lawyers In Cyberpunk Science Fiction, Walter Effross
High-Tech Heroes, Virtual Villians, And Jacked-In Justice: Visions Of Law And Lawyers In Cyberpunk Science Fiction, Walter Effross
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Latent Efficiency Of Fraudulent Transfer Law, Marie T. Reilly
The Latent Efficiency Of Fraudulent Transfer Law, Marie T. Reilly
Journal Articles
A creditor holding a claim against a debtor typically holds the right, subject to the debtor's default, to obtain a judgment against the debtor, liquidate the debtor's assets, and apply the proceeds against his claim. If the debtor's assets are insufficient to satisfy the creditor's claim, the creditor is usually, but not always, out of luck. Under limited circumstances, a creditor can reach property the debtor transferred to a third party and apply the value of such property to satisfy his claim. The creditor can undo the transfer and obtain the property or its value from the transferee as though …
Romanian Bankruptcy Law: A Central European Example, Samuel Bufford
Romanian Bankruptcy Law: A Central European Example, Samuel Bufford
Journal Articles
Romania now has one of the best-drafted bankruptcy laws in Central and Eastern Europe. The new Romanian bankruptcy law went into effect on August 26, 1995 and replaced the previous bankruptcy provisions in §695-987 of the Romanian Commercial Code, which was translated from the Italian Commercial Code of 1884 and enacted in 1887. While the commercial code fell into disuse during the Communist era, it was never repealed. After the Romanian revolution and the demise of Nicolae Ceauşescu at the end of 1989, the commercial code as well as the civil code remained good law and needed only to be …
National Bankruptcy Review Commission Tax Recommendations: Individual Debtors, Discharge, And Priority Of Claims, Jack F. Williams
National Bankruptcy Review Commission Tax Recommendations: Individual Debtors, Discharge, And Priority Of Claims, Jack F. Williams
Faculty Publications By Year
No abstract provided.
Corporate Debt Restructurings In Mexico: For Foreign Creditors, Insolvency Law Is Only Half The Story, Kimberly D. Krawiec
Corporate Debt Restructurings In Mexico: For Foreign Creditors, Insolvency Law Is Only Half The Story, Kimberly D. Krawiec
Faculty Scholarship
No abstract provided.
At The Intersection Of Bankruptcy And Divorce: Property Division Debts Under The Bankruptcy Reform Act Of 1994, Meredith J. Harbach
At The Intersection Of Bankruptcy And Divorce: Property Division Debts Under The Bankruptcy Reform Act Of 1994, Meredith J. Harbach
Law Faculty Publications
Bankruptcy has long had unique implications for divorce settlements and debts between ex-spouses. Historically, some marital debts owed from one ex-spouse to another were excepted from the traditional policy of "discharge. " Bankruptcy law distinguished between debts in the nature of alimony, maintenance, and support, which were protected from discharge, and property division debts, which were not. This distinction often had harsh consequences for creditor ex-spouses. Reeently, Congress enacted the Bankruptcy Reform Act of 1994, in part to ameliorate this problem. The amended Bankruptcy Code providP..s better protection for some property division debts. In this Note, Ms. Johnson argues that …
Debtors' Good Faith In Us Bankruptcy Proceedings, Chen Yang
Debtors' Good Faith In Us Bankruptcy Proceedings, Chen Yang
LLM Theses and Essays
Bankruptcy is a judicial process purporting to regulate and adjust the financial relationships between debtors and creditors which come into a deadlock. In the modern United States, bankruptcy has become a concept pervading each corner of the social and economic lives. It touches mass tort victims, large corporations, small family business, government institutions, and even normal individuals. The appearance of the modern bankruptcy law of the United States is signaled by the enactment of the Bankruptcy Reform Act in 1978 which, together with later amendments, constitute the current Bankruptcy Code of the United States; but also help them strategically restructure …
Bankruptcy In The Seventh Circuit: 1996, Douglass G. Boshkoff
Bankruptcy In The Seventh Circuit: 1996, Douglass G. Boshkoff
Articles by Maurer Faculty
No abstract provided.
Measuring The Social Costs And Benefits And Identifying The Victims Of Subordinating Security Interests In Bankruptcy, Steven L. Harris, Charles W. Mooney Jr.
Measuring The Social Costs And Benefits And Identifying The Victims Of Subordinating Security Interests In Bankruptcy, Steven L. Harris, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
Should The Secured Credit Carve Out Apply Only In Bankruptcy? A Systems/Strategic Analysis, Lynn M. Lopucki
Should The Secured Credit Carve Out Apply Only In Bankruptcy? A Systems/Strategic Analysis, Lynn M. Lopucki
UF Law Faculty Publications
No abstract provided.
Virtual Judgment Proofing: A Rejoinder, Lynn M. Lopucki
Virtual Judgment Proofing: A Rejoinder, Lynn M. Lopucki
UF Law Faculty Publications
This is a rejoinder by the author of The Death of Liability, 106 Yale L.J. 1 (1996). The rejoinder is to a reply by Professor James J. White to the original article. Corporate Judgment Proofing: A Response to Lynn LoPucki's The Death of Liability, 107 Yale L.J. 1363 (1998). In response to specific points made by White, LoPucki argues that the judgment proofing of large companies would not be visible in Compustat data because it is not accomplished through secured debt or leasing and because Compustat data is aggregated by corporate group. Contracting parties will permit debtors to judgment proof …
The Virtue Of Speed In Bankruptcy Proceedings, James J. White
The Virtue Of Speed In Bankruptcy Proceedings, James J. White
Articles
In my opinion the principal difficulty with Chapter 11 is that it gives strong incentives to various Chapter 11 players to distort the priorities that were intended by Congress.
Foreword (The Sixth Annual Ernst C. Stiefel Symposium), Aleta Estreicher, Karen Gross
Foreword (The Sixth Annual Ernst C. Stiefel Symposium), Aleta Estreicher, Karen Gross
Articles & Chapters
No abstract provided.
Strategy And Force In The Liquidation Of Secured Debt, Ronald J. Mann
Strategy And Force In The Liquidation Of Secured Debt, Ronald J. Mann
Faculty Scholarship
The question of why parties use secured debt is one of the most fundamental questions in commercial finance. The commonplace answer focuses on force: A grant of collateral to a lender enhances the lender's ability to collect its debt by enhancing the lender's ability to take possession of the collateral by force and sell it to satisfy the debt. That perspective draws considerable support from the design of the major legal institutions that support secured debt: Article 9 of the Uniform Commercial Code and the less uniform state laws regarding real estate mortgages.
Both of those institutions are designed solely …
The Truth About Secured Financing, Robert E. Scott
The Truth About Secured Financing, Robert E. Scott
Faculty Scholarship
The debate over the social value of secured credit (and the appropriate priority for secured claims in bankruptcy) is entering its nineteenth year. Yet the continuing publication of succeeding generations of articles exploring the topic have yielded precious little in the way of an emerging scholarly consensus about the nature and function of secured credit. Put simply, we still do not have a theory, of finance that explains why firms sometimes (but not always) issue secured debt rather than unsecured debt or equity. Moreover (and perhaps because of the lack of any plausible general theory), we lack any persuasive empirical …
The Nondischargeability Of Divorce-Based Debts In Bankruptcy: A Legislative Response To The Hardened Heart, Veryl Victoria Miles
The Nondischargeability Of Divorce-Based Debts In Bankruptcy: A Legislative Response To The Hardened Heart, Veryl Victoria Miles
Scholarly Articles
No abstract provided.
The Res Judicata Effect Of Bankruptcy Court Judgments: The Procedural And Constitutional Concerns, George A. Martinez
The Res Judicata Effect Of Bankruptcy Court Judgments: The Procedural And Constitutional Concerns, George A. Martinez
Faculty Journal Articles and Book Chapters
This article seeks to resolve the conflict in the circuits and argues that bankruptcy court judgments should not bar the assertion of non-core claims because to do so violates the basic principles of res judicata and threatens to undermine fundamental Article III values or create judicial inefficiencies in an effort to preserve such values.
Part II of the article provides the relevant Article III background, and identifies the key Article III cases: Northern Pipeline Construction Company v. Marathon Pipe Line Company and Commodity Futures Trading Commission v. Schor. This section explores the impact of Northern Pipeline which held that the …
Turning The Microscope On Ourselves: Self-Assessment By Bankruptcy Lawyers Of Potential Conflicts Of Interest In Columbus, Ohio, Nancy B. Rapoport
Turning The Microscope On Ourselves: Self-Assessment By Bankruptcy Lawyers Of Potential Conflicts Of Interest In Columbus, Ohio, Nancy B. Rapoport
Scholarly Works
This article attempts to devise an appropriate instrument to determine whether bankruptcy lawyers in Columbus, Ohio are able to identify potential conflicts of interest in bankruptcy cases. Although the article is unable to develop an appropriate instrument, it does discuss why the survey method is not appropriate for this type of study.
Heavy Duty Ii: Forming A Business Entity In The United States, Aleta Estreicher, Warren Green
Heavy Duty Ii: Forming A Business Entity In The United States, Aleta Estreicher, Warren Green
Articles & Chapters
No abstract provided.