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Chapters 11 And 13 Of The Bankruptcy Code--Observations On Using Case Authority From One Of The Chapters In Proceedings Under The Other, David G. Epstein
Chapters 11 And 13 Of The Bankruptcy Code--Observations On Using Case Authority From One Of The Chapters In Proceedings Under The Other, David G. Epstein
Law Faculty Publications
This Article will focus on the relationship between Chapter 11 and Chapter 13 of the Bankruptcy Code. A number of issues are similar or identical in Chapter 11 and Chapter 13. Furthermore, much of the language of Chapter 13 mirrors that of Chapter 11. This Article explores whether courts should apply case law and concepts of one chapter when similar issues arise in proceedings under the other chapter. Parts II and III of this Article address basic similarities and differences between Chapters 11 and 13. Parts IV, V, and VI examine three issues governed by statutory language common to both …
Bankcard's Revenge: A Critique Of The 1984 Consumer Credit Amendments To The Bankruptcy Code, Paul M. Black, Michael J. Herbert
Bankcard's Revenge: A Critique Of The 1984 Consumer Credit Amendments To The Bankruptcy Code, Paul M. Black, Michael J. Herbert
University of Richmond Law Review
Virtually from the enactment of the Bankruptcy Code in 1978, creditors attempted to roll back what they perceived to be the Code's undue bias toward bankrupts. The Code was branded a debtor's paradise practically beckoning borrowers to shed their debts painlessly and needlessly. It was certainly true that the number of bankruptcy filings rose substantially during the late 1970's and early 1980's, and that some creditors attributed at least some of this to the Code's presumed generosity. Whether the Code actually caused any of the increase in filings is, to put it mildly, controversial. Other factors, most significantly the general …