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Articles 1 - 30 of 36
Full-Text Articles in Law
A Void In Avoidance Powers? The Bankruptcy Trustee's Inability To Assert Damages Claims On Behalf Of Creditors Against Third Parties, Bryan D. Hull
A Void In Avoidance Powers? The Bankruptcy Trustee's Inability To Assert Damages Claims On Behalf Of Creditors Against Third Parties, Bryan D. Hull
University of Miami Law Review
No abstract provided.
Premerger Review And Bankruptcy: The Meaning Of Section 363(B)(2), Robert B. Greenbaum, Alan J. Meese
Premerger Review And Bankruptcy: The Meaning Of Section 363(B)(2), Robert B. Greenbaum, Alan J. Meese
Popular Media
No abstract provided.
The Priority Battle Over Returned And Repossessed Goods, Michael A. Birrer
The Priority Battle Over Returned And Repossessed Goods, Michael A. Birrer
Vanderbilt Law Review
Article 9 of the Uniform Commercial Code (the Code) governs secured transactions in personal property and fixtures.' When more than one creditor has a security right in the same piece of collateral, the Article 9 rules of priority determine the order in which each creditor may satisfy his claim. The creditor with the highest priority rank gets paid first, and, if his claim exceeds the amount of the proceeds, junior creditors take nothing. Consequently, creditors want to determine their priority rights in collateral before extending credit. If one creditor determines that another creditor will have priority over its security interest, …
Creditor Beware: From Default Through Deficiency Judgment, Wanda M. Temm
Creditor Beware: From Default Through Deficiency Judgment, Wanda M. Temm
Faculty Works
No abstract provided.
The Perils Of Nationwide Service Of Process In A Bankruptcy Context, Jeffrey T. Ferriell
The Perils Of Nationwide Service Of Process In A Bankruptcy Context, Jeffrey T. Ferriell
Washington and Lee Law Review
No abstract provided.
A Rule Unvanquished: The New Value Exception To The Absolute Priority Rule, Clifford S. Harris
A Rule Unvanquished: The New Value Exception To The Absolute Priority Rule, Clifford S. Harris
Michigan Law Review
This Note examines whether the new value exception remains part of the revised Bankruptcy Code. Part I discusses the background of the new value exception. Part II traces the development of the conflict concerning the survival of the new value exception subsequent to the adoption of the Code. It then discusses the Supreme Court's opinions in Mid/antic National Bank v. New Jersey Department of Environmental Protection and its progeny, which established the methodology for determining the impact of the revised Bankruptcy Code on preexisting bankruptcy law. Based on an analysis of the Midlantic doctrine, Part II concludes that Congress did …
Including Retirement Benefits In A Debtor's Bankruptcy Estate: A Proposal For Harmonizing Erisa And The Bankruptcy Code, Michelle A. Cecil
Including Retirement Benefits In A Debtor's Bankruptcy Estate: A Proposal For Harmonizing Erisa And The Bankruptcy Code, Michelle A. Cecil
Faculty Publications
This Article first examines the conflicting policies of ERISA and the Bankruptcy Code. It then explores how the various courts have attempted to reconcile these policies when faced with the issue of whether a debtor's interest in retirement plan assets should be available for distribution to creditors in bankruptcy. In analyzing the relevant case law, the Article examines cases addressing the exclusion issue (whether pension plans should be excluded from the bankruptcy estate entirely). It also evaluates cases addressing the exemption issue (whether plan assets, once included in the bankruptcy estate, can be exempted out of the estate by the …
Bankruptcy, W. Homer Drake, James W. Dilz
Bankruptcy, W. Homer Drake, James W. Dilz
Mercer Law Review
The United States Court of Appeals for the Eleventh Circuit decided numerous cases arising under the Bankruptcy Code (the "Code"), during 1990 that covered a wide spectrum of topics. The court adopted a test for analyzing the bankruptcy nexus of noncore litigation to help define the bounds of the bankruptcy court's subject matter jurisdiction. The court quelled concern over preferences in the retail automobile industry by holding that security interests perfected in accordance with state law may not be set aside in bankruptcy. The Chapter 13 practice has been changed in many bankruptcy courts in the aftermath of two appellate …
Insider Preference Recovery Against Non-Insider Creditors, Thomas E. Johnston
Insider Preference Recovery Against Non-Insider Creditors, Thomas E. Johnston
West Virginia Law Review
No abstract provided.
Chapter 13'S Liberal Discharge Provisions And "Willful And Malicious" Tort Judgments: Creditor Classification As A Means Of Accounting For The Debtor's Egregious Action, Robert L. Miller
William & Mary Law Review
No abstract provided.
Bankruptcy Policy: Toward A Moral Justification For Financial Rehabilitation Of The Consumer Debtor, Richard E. Flint
Bankruptcy Policy: Toward A Moral Justification For Financial Rehabilitation Of The Consumer Debtor, Richard E. Flint
Washington and Lee Law Review
No abstract provided.
Begier V. Irs, Guy Lamoyne Black
Begier V. Irs, Guy Lamoyne Black
Brigham Young University Journal of Public Law
No abstract provided.
United States Government Contract: The Unilateral Act Of Government Contracting, Sawvalak Chulpongstorn
United States Government Contract: The Unilateral Act Of Government Contracting, Sawvalak Chulpongstorn
LLM Theses and Essays
The debarment, suspension, and termination of the Government contract can cause a sudden financial ruin or bankruptcy of the contractor. Consequently, the question of whether the Government’s debarment, suspension, and termination is proper can be of vital importance. This thesis, in consequence, will focus on two major problem areas of the unilateral act of the government in contracting with the contractor. The first problem area is whether the debarment and suspension meet the requirement of due process of law. The second problem area is whether or not the government’s right to terminate the contract is proper or legal in specific …
Granfinanciera, Northern Pipeline, And "Public Rights": May A Bankruptcy Judge Preside Over A Jury Trial?, Mitchell Hall
Granfinanciera, Northern Pipeline, And "Public Rights": May A Bankruptcy Judge Preside Over A Jury Trial?, Mitchell Hall
Kentucky Law Journal
No abstract provided.
Public Policy Concerns Prevent Application Of Comity To Foreign Bankruptcy Proceedings That Discriminate Against Tax Obligations Owed To The United States Government, Michael P. Bigelow
Public Policy Concerns Prevent Application Of Comity To Foreign Bankruptcy Proceedings That Discriminate Against Tax Obligations Owed To The United States Government, Michael P. Bigelow
Vanderbilt Journal of Transnational Law
This Case Comment explores the application of comity to foreign bankruptcy proceedings, particularly when comity would render the Internal Revenue Service a general unsecured creditor in bankruptcy. The United States Court of Appeals for the Fifth Circuit held on public policy grounds that comity should not be accorded to a Luxembourg bankruptcy proceeding that discriminated against tax obligations owed to the United States government. This Case Comment discusses the factual setting for the instant decision and presents a brief history of transnational insolvency law. The author finds that the law of transnational insolvency is inconsistent and underdeveloped and that the …
A Debtor’S Right To Avoid Liens Against Exempt Property Under Section 522 Of The Bankruptcy Code: Meaningless Or Meaningful?, Veryl Victoria Miles
A Debtor’S Right To Avoid Liens Against Exempt Property Under Section 522 Of The Bankruptcy Code: Meaningless Or Meaningful?, Veryl Victoria Miles
Scholarly Articles
This article reviews the conflict as it has taken form in the courts of appeal of several circuits. The first section of the article briefly discusses the legislative history of section 522, and the purpose of Congress in providing the debtor with both exemptions and lien avoidance powers under the Code. It next reviews the decisions of courts of appeal that have interpreted the extent of the "opt~out" powers granted to the states under section 522(b). The third and final section analyzes the two views on the question, and concludes that the better interpretation is that the states are not …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Bankruptcy Law, Michael A. Condyles
Annual Survey Of Virginia Law: Bankruptcy Law, Michael A. Condyles
University of Richmond Law Review
This survey article reviews and analyzes legislative and judicial developments that have occurred in bankruptcy law between April 1989 and April 1991. This article intends to alert the general practitioner to significant recent developments in the bankruptcy area. The article focuses on legislative changes that have been made to the Bankruptcy Code and to Virginia statutory law, along with federal bankruptcy decisions issued within the Fourth Circuit. Where appropriate, Virginia state court cases dealing with bankruptcy issues are also addressed.
The Use Of Ohio's Preference Law In Bankruptcy: An Alternative To Section 547 With A Longer "Reach-Back" Period, Thomas D. Buckley
The Use Of Ohio's Preference Law In Bankruptcy: An Alternative To Section 547 With A Longer "Reach-Back" Period, Thomas D. Buckley
Law Faculty Articles and Essays
Ohio is one of the few states with a preference law of general application among its debtor-creditor statutes. Ohio Revised Code sections 1313.56 and 1313.57 give creditors an avoidance power similar to a bankruptcy trustee's avoidance power under federal bankruptcy law. While this article compares the federal and state preference rules, evaluating the pratical significance of the differences between them, the relative strength of the two laws is less important than the fact that the bankruptcy trustee can choose whichever of the two laws is more effective with respect to any given prebankruptcy transaction. Thus, both laws might be applied …
Insider Guaranties: Their Effect On The Bankruptcy Preference "Reach Back" Period And Possible Use In Getting An "Ordinary Course" Exception Avoidance, Thomas D. Buckley
Insider Guaranties: Their Effect On The Bankruptcy Preference "Reach Back" Period And Possible Use In Getting An "Ordinary Course" Exception Avoidance, Thomas D. Buckley
Law Faculty Articles and Essays
In 1990 the Sixth Circuit decided two bankrupcty preference cases, Ray v. City Bank & Trust Co. (In re C-L Cartage Co.) ("Cartage") and Gosch v. Burns (In re Finn) ("Finn"), that will have important consequences in the administration of bankruptcy proceedings and will also influence the way lenders and borrowers do business with each other in the future, whether or not a bankruptcy ever ensues. This article first describes briefly the mechanics of preference law and the application of it in Cartage and Finn. The article then focuses primarily on the Cartage decision, because the analytic approach taken by …
Bankruptcy: Pennsylvania Welfare Department V. Davenport: The Supreme Court Officially Declares Safe Passage For Criminal Offenders Via Chapter 13: Are Criminal Penalties Within The Scope Of The Bankruptcy Code?, Robert Finley Dougherty
Bankruptcy: Pennsylvania Welfare Department V. Davenport: The Supreme Court Officially Declares Safe Passage For Criminal Offenders Via Chapter 13: Are Criminal Penalties Within The Scope Of The Bankruptcy Code?, Robert Finley Dougherty
Oklahoma Law Review
No abstract provided.
Deprizio's Honor: Lenders, Insider Guarantors And The Prisoners' Dilemma, Walter Effross
Deprizio's Honor: Lenders, Insider Guarantors And The Prisoners' Dilemma, Walter Effross
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Licenses, Trademarks, And Bankruptcy, Oh My: Trademark Licensing And The Perils Of Licensor Bankruptcy, 25 J. Marshall L. Rev. 143 (1991), David M. Jenkins
Licenses, Trademarks, And Bankruptcy, Oh My: Trademark Licensing And The Perils Of Licensor Bankruptcy, 25 J. Marshall L. Rev. 143 (1991), David M. Jenkins
UIC Law Review
No abstract provided.
An Economic Justification For Corporate Reorganizations, Charles Adams
An Economic Justification For Corporate Reorganizations, Charles Adams
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Bankruptcy In The Seventh Circuit: 1989-1990, Douglass Boshkoff
Bankruptcy In The Seventh Circuit: 1989-1990, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.
Editor's Notes, Peter A. Alces
The Implementation Of Bankruptcy Code Section 707(B): The Law And The Reality, Wayne R. Wells, Janell M. Kurtz, Robert J. Calhoun
The Implementation Of Bankruptcy Code Section 707(B): The Law And The Reality, Wayne R. Wells, Janell M. Kurtz, Robert J. Calhoun
Cleveland State Law Review
The introduction of section 707(b) to the bankruptcy code has raised many difficult interpretational issues. This article focuses on those issues concerning the implementation of section 707(b). Under the law, only the courts and the U.S. Trustees are permitted to raise the issue of substantial abuse. Therefore, to determine how section 707(b) is actually being administered, a survey was distributed to the U.S. Bankruptcy Courts and the U.S. Trustees. The results of the survey are integrated into a discussion of the current status of the law and presented in this article. This analysis identifies serious shortcomings with the law that …
Personal Liability Of A Bankruptcy Trustee Since Midlantic National Bank V. New Jersey Department Of Environmental Protection: The Environmental Law And Bankruptcy Code Conflict Threatens To Engulf Bankruptcy Trustees, D. Ethan Jeffery
Villanova Environmental Law Journal
No abstract provided.
Equipment Lessors And Secured Parties In Bankruptcy: An Argument For Coherence, Margaret Howard
Equipment Lessors And Secured Parties In Bankruptcy: An Argument For Coherence, Margaret Howard
Washington and Lee Law Review
No abstract provided.