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Articles 1 - 21 of 21
Full-Text Articles in Law
Employers' Workmen's Compensation Obligations And The Bankruptcy Tax Priority, James B. Haines
Employers' Workmen's Compensation Obligations And The Bankruptcy Tax Priority, James B. Haines
West Virginia Law Review
No abstract provided.
Tax Treatment Of Previously Expensed Assets In Corporate Liquidations, Michigan Law Review
Tax Treatment Of Previously Expensed Assets In Corporate Liquidations, Michigan Law Review
Michigan Law Review
This Note argues that although the Tennessee-Carolina majority adopts overbroad language and ignores established tax principles, a more careful refinement of its theory will yield the same proper result, without, in most situations, departing from accepted principles. The proper inquiry must focus first on whether the corporation has received any benefit, and then on whether that gain should be exempted by the nonrecognition provisions of section 336, or on any other basis. Part I of this Note examines these questions from a theoretical perspective, and concludes that expensed assets remaining at the time of liquidation give rise to corporate income, …
The Bankruptcy Appellate Panels: An Unfinished Experiement , Lloyd D. George
The Bankruptcy Appellate Panels: An Unfinished Experiement , Lloyd D. George
BYU Law Review
No abstract provided.
Avoiding Liens Under The New Bankruptcy Code: Construction And Application Of Section 522(F), Judy Toyer
Avoiding Liens Under The New Bankruptcy Code: Construction And Application Of Section 522(F), Judy Toyer
University of Michigan Journal of Law Reform
This Note argues that strict construction of section 522(f)(2) is most consistent with congressional intent. Part I discusses the congressional rationale behind lien avoidance. Part II examines present efforts to apply section 522(f)(2), and concludes that judicial interpretation to date has proved largely inadequate. Finally, Part III proposes new judicial guidelines and statutory amendments designed to standardize application of the lien avoidance provision in a manner consistent with the congressional intent behind the Reform Act.
Bankruptcy Preference Concerns In Industrial Development Bond Financing, C. Edward Dobbs, Margaret M. Joslin
Bankruptcy Preference Concerns In Industrial Development Bond Financing, C. Edward Dobbs, Margaret M. Joslin
West Virginia Law Review
This article suggests several methods by which investors in industrial development bonds may be protected, in the event of the bankruptcy of the corporate borrower, from the preferential transfer rules of the federal bankruptcy laws. The key to protecting the investors from having payments made to them set aside by the bankruptcy trustee as voidable preferences is shown to lie in the structuring of the bond transaction. The authors indicate how proper structuring of the bond transaction may allow investors to keep pre-bankruptcy payments made by the corporate borrower, while doing no violence to the terms of section 547 of …
Attorney Fees: Handling Bankruptcies Without Getting There Yourself, Edwin F. Flowers
Attorney Fees: Handling Bankruptcies Without Getting There Yourself, Edwin F. Flowers
West Virginia Law Review
By enacting the Bankruptcy Reform Act of 1978, Congress significantly increased the stature and influence of bankruptcy law in our legal system and in society. Consistent with this, Congress sought to improve the quality of legal services rendered to clients in bankruptcy. cases by enhancing the recoverability of attorney fees for such services. In this article, the author treats the criteria a bankruptcy court will likely employ in deciding the reasonableness and recoverability of an attorney fee for services in cases under the Reform Act. The author attempts to show that an attorney who uses some forthought and attention to …
An Enhanced Conception Of The Bankruptcy Judge: From Case Administrator To Unbiased Adjudicator, Richard L. Levine
An Enhanced Conception Of The Bankruptcy Judge: From Case Administrator To Unbiased Adjudicator, Richard L. Levine
West Virginia Law Review
This article is intended to provide the practitioner with an understanding of some of the considerations and circumstances which have helped define the extent of power of Bankruptcy Judges. Many of these considerations are unarticulated. It is the thesis of this article that in the Bankruptcy Reform Act of 1978, Congress established two principles, difficult at first glance to reconcile. On one hand, Congress has now increased the powers of Bankruptcy Judges in most respects. But on the other hand, Congress severely restricted the extent to which judges may properly become involved in those portions of bankruptcy cases which are …
Bankruptcy Reform And The Constitution: Retroactive Application Of Section 522(F)(2) Takes Private Property, James B. Craven Iii, Pamela A. Bates-Smith
Bankruptcy Reform And The Constitution: Retroactive Application Of Section 522(F)(2) Takes Private Property, James B. Craven Iii, Pamela A. Bates-Smith
West Virginia Law Review
Bankruptcy is premised in part on the desire to allow individuals to retain enough assets to begin life over. As part of this premise, Congress enacted section 522(f)(2) of the Bankruptcy Act of 1978. This provision allows debtors to avoid nonpossessory, nonpurchase money security interests in otherwise exempt property. This provision has created problems, however, as debtors have argued that it acts retroactively to void security interests created before the Act's enactment date. In Rodrock v. Security Industrial Bank, the Supreme Court will decide whether Congress intended such retroactive application to occur, and if it did, whether such action constitutes …
"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.
Comments On The Consumer Finance Industry's Proposals To Improve The Position Of Secured Creditors In Consumer Bankruptcy Cases, Joseph E. Ulrich
Comments On The Consumer Finance Industry's Proposals To Improve The Position Of Secured Creditors In Consumer Bankruptcy Cases, Joseph E. Ulrich
Washington and Lee Law Review
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.
Estates By The Entirety In Bankruptcy, Frank J. Spivak
Estates By The Entirety In Bankruptcy, Frank J. Spivak
University of Michigan Journal of Law Reform
This Note argues that the exemption for entirety property should be abolished. Part I examines the treatment of entirety property under the Code and illustrates the conflict between the entirety exemption and ·federal bankruptcy policy. Part II discusses procedural devices that creditors employ to subject entirety property to bankruptcy distribution.
Payments To Unsecured Creditors Under Chapter 13 Of The Bankruptcy Reform Act Of 1978, Mark H. Edwards
Payments To Unsecured Creditors Under Chapter 13 Of The Bankruptcy Reform Act Of 1978, Mark H. Edwards
Indiana Law Journal
No abstract provided.
Federal Exemptions And The Opt-Out Provisions Of Section 522: A Constitutional Challenge, Tracey Nicolau Bosomworth
Federal Exemptions And The Opt-Out Provisions Of Section 522: A Constitutional Challenge, Tracey Nicolau Bosomworth
Indiana Law Journal
No abstract provided.
Bankruptcy - Preferences - Payment To Judgment Creditor Pursuant To An Income Execution Served Before The Ninety-Day Period Is Not An Avoidable Preference, Thomas M. Binder
Bankruptcy - Preferences - Payment To Judgment Creditor Pursuant To An Income Execution Served Before The Ninety-Day Period Is Not An Avoidable Preference, Thomas M. Binder
Villanova Law Review
No abstract provided.
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.
Securities Law Disclosure Requirements For The Political Subdivision Threatened With Bankruptcy, Robert A. Fippinger
Securities Law Disclosure Requirements For The Political Subdivision Threatened With Bankruptcy, Robert A. Fippinger
Fordham Urban Law Journal
Under what circumstances does a company violate the anti-fraud provisions of the Securities Act of 1933 or the Securities Exchange Act of 1934? This article provides an illustration of the disclosure requirements under these acts, with the municipal debt adjustment procedures of the Bankruptcy Code. The article is divided into three parts. First, it summarizes the application of federal securities law to public finance: the laws pertaining to state and political subdivision issuance of securities. The second portion highlights specific problems under Chapter 9 of the Bankruptcy Code. In this section, the author discusses specific circumstances that may likely raise …
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 …