Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
Articles 1 - 6 of 6
Full-Text Articles in Law
"Value" Judgments: Accounts Receivable Financing And Voidable Preference Under The New Bankruptcy Code, Neil B. Cohen
"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
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
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
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
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
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 …