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Full-Text Articles in Law

"Value" Judgments: Accounts Receivable Financing And Voidable Preference Under The New Bankruptcy Code, Neil B. Cohen Apr 1982

"Value" Judgments: Accounts Receivable Financing And Voidable Preference Under The New Bankruptcy Code, Neil B. Cohen

Faculty Scholarship

No abstract provided.


Nonjudicial Foreclosure Under Deed Of Trust May Be A Fraudulent Transfer Of Bankrupt's Property: Durrett V. Washington National Insurance Co., Franklin G. Snyder Mar 1982

Nonjudicial Foreclosure Under Deed Of Trust May Be A Fraudulent Transfer Of Bankrupt's Property: Durrett V. Washington National Insurance Co., Franklin G. Snyder

Faculty Scholarship

In theory, the substantive rights of secured creditors such as mortgagees are affected much less by bankruptcy proceedings than those of unsecured creditors. In practice, however, bankruptcy proceedings have affected mortgagees. Filing a bankruptcy petition automatically stays pending foreclosures. Trustees in bankruptcy also can set aside foreclosures of certain liens obtained by unsecured creditors and certain mortgages and deeds of trust executed in the year preceding bankruptcy. The decision in Durrett adds yet another weapon to the bankruptcy trustee's arsenal: the power to void nonjudicial foreclosure sales even though the sale is proper and final under state law.


A Reply To Theodore Eisenberg's "Bankruptcy Law In Perspective" , Steven L. Harris Feb 1982

A Reply To Theodore Eisenberg's "Bankruptcy Law In Perspective" , Steven L. Harris

All Faculty Scholarship

No abstract provided.


The New Expanded Bankruptcy Court Jurisdiction Versus A State License Revocation: A Modern Clash In Federalism, Kenneth A. Graham Jan 1982

The New Expanded Bankruptcy Court Jurisdiction Versus A State License Revocation: A Modern Clash In Federalism, Kenneth A. Graham

SHU Faculty Publications

A significant part of the Bankruptcy Reform Act of 1978 (Act) was the expansion of the jurisdiction of the Bankruptcy Court.


Limited, Conditional, And Suspended Discharges In Anglo-American Bankruptcy Proceedings, Douglass Boshkoff Jan 1982

Limited, Conditional, And Suspended Discharges In Anglo-American Bankruptcy Proceedings, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.


General Theory Of The Dynamics Of The State Remedies/Bankruptcy System, Lynn M. Lopucki Jan 1982

General Theory Of The Dynamics Of The State Remedies/Bankruptcy System, Lynn M. Lopucki

UF Law Faculty Publications

The term ‘state remedies/bankruptcy system’ will be used in this article to refer to the system provided by law to compel the payment of debt and to protect debtors from the collection efforts of their creditors. The division between these two purposes is reflected in the institutions which comprise the state remedies/bankruptcy system. Generally speaking, it is the state courts acting under state law such as that providing for attachment, garnishment, execution, or discovery in aid of these proceedings, that enforce the creditor's right to payment. The federal bankruptcy courts, on the other hand, seem primarily to provide protection to …