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- Farm financial crisis; Chapter 11 bankruptcies; Chapter 12 bankruptcies; conversion rights; filing bankruptcy plan; lost opportunity costs; postpetition financing and use of collateral; curing default; discharge of bankruptcy; role of trustee; confirmation of plan; (1)
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Articles 1 - 27 of 27
Full-Text Articles in Law
Employee Theft And Erisa: A Proposed Amendment To Garnish Pension Benefits, Bonnie H. Rattner
Employee Theft And Erisa: A Proposed Amendment To Garnish Pension Benefits, Bonnie H. Rattner
Cardozo Law Review
No abstract provided.
Corporate Receiverships And Chapter 11 Reorganizations, Paula Whitney Bets
Corporate Receiverships And Chapter 11 Reorganizations, Paula Whitney Bets
Cardozo Law Review
No abstract provided.
Tax Payments: Are They Voidable Preferences In Low-Asset Bankruptcies?, Jodi S. Brodsky
Tax Payments: Are They Voidable Preferences In Low-Asset Bankruptcies?, Jodi S. Brodsky
Cardozo Law Review
No abstract provided.
Deferred Cash Payments To Secured Creditors In Cram Down Of Chapter 11 Plans: A Matter Of Interest, Waltraud S. Scott
Deferred Cash Payments To Secured Creditors In Cram Down Of Chapter 11 Plans: A Matter Of Interest, Waltraud S. Scott
Washington Law Review
What is the present value of deferred payments made to secured creditors under a Chapter 11 reorganization plan? Courts agree that the present value depends on the interest rate that is used to compute the payments' value. They cannot agree, however, on how the proper interest rate should be determined. In their attempts to set a proper interest rate, most courts travel down the dead-end road of market rate analysis. Bogged down in the intricacies of this analysis, courts frequently ignore their fundamental role in bankruptcy proceedings: Resolving the tension between giving creditors protection while giving debtors a chance to …
Deferred Cash Payments To Secured Creditors In Cram Down Of Chapter 11 Plans: A Matter Of Interest, Waltraud S. Scott
Deferred Cash Payments To Secured Creditors In Cram Down Of Chapter 11 Plans: A Matter Of Interest, Waltraud S. Scott
Washington Law Review
What is the present value of deferred payments made to secured creditors under a Chapter 11 reorganization plan? Courts agree that the present value depends on the interest rate that is used to compute the payments' value. They cannot agree, however, on how the proper interest rate should be determined. In their attempts to set a proper interest rate, most courts travel down the dead-end road of market rate analysis. Bogged down in the intricacies of this analysis, courts frequently ignore their fundamental role in bankruptcy proceedings: Resolving the tension between giving creditors protection while giving debtors a chance to …
Can A Debtor Void A Real Property Lien That Exceeds The Value Of The Collateral?: An Interpretation Of Section 506(D) Of The Bankruptcy Code
Washington and Lee Law Review
No abstract provided.
The 1978 Bankruptcy Reform Act's Police Or Regulatory Power Exemption To The Automatic Stay: Unnecessary, Unfounded, And Unrestrained, Robert E. Korroch
The 1978 Bankruptcy Reform Act's Police Or Regulatory Power Exemption To The Automatic Stay: Unnecessary, Unfounded, And Unrestrained, Robert E. Korroch
William & Mary Law Review
No abstract provided.
Does Section 524 (A)(2) Of The Bankruptcy Code Bar Criminal Prosecution Concerning Discharged Debts?, Kent A. Bieberich
Does Section 524 (A)(2) Of The Bankruptcy Code Bar Criminal Prosecution Concerning Discharged Debts?, Kent A. Bieberich
William & Mary Law Review
No abstract provided.
Iii. Bankruptcy & Creditors' Rights
Iii. Bankruptcy & Creditors' Rights
Washington and Lee Law Review
No abstract provided.
Bankruptcy Code Section 547(C)(5) And The Elusive Two-Point Net Improvement Test: New Math Meets Old Law, Steven D. Cook
Bankruptcy Code Section 547(C)(5) And The Elusive Two-Point Net Improvement Test: New Math Meets Old Law, Steven D. Cook
BYU Law Review
No abstract provided.
Creditors' Rights Against Participants In A Leveraged Buyout, Emily Sherwin
Creditors' Rights Against Participants In A Leveraged Buyout, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.
Durrett Data: Shucking The Husks From The Grain, Robert M. Zinman
Durrett Data: Shucking The Husks From The Grain, Robert M. Zinman
Cardozo Law Review
No abstract provided.
11 U.S.C. § 505: Does It Allow The Bankruptcy Court To Determine A Third Party's Tax Liability?, Karen Skeens
11 U.S.C. § 505: Does It Allow The Bankruptcy Court To Determine A Third Party's Tax Liability?, Karen Skeens
Kentucky Law Journal
No abstract provided.
The Maryland Construction Trust Statute: New Personal Liability — Its Scope And Federal Bankruptcy Implications, David F. Albright Jr.
The Maryland Construction Trust Statute: New Personal Liability — Its Scope And Federal Bankruptcy Implications, David F. Albright Jr.
University of Baltimore Law Review
No abstract provided.
Casenotes: Bankruptcy — Trustee May Not Abandon Property In Contravention Of A State Statute Or Regulation That Is Designed To Protect The Public From Identified Hazards. Midlantic National Bank V. New Jersey Department Of Environmental Protection, 474 U.S. 494 (1986), Laura Jacobs Margulies
University of Baltimore Law Review
No abstract provided.
Down And Out In Richmond, Virginia: The Distribution Of Assets In Chapter 7 Bankruptcy Proceedings Closed During 1984-1987, Michael J. Herbert, Domenic E. Pacitt
Down And Out In Richmond, Virginia: The Distribution Of Assets In Chapter 7 Bankruptcy Proceedings Closed During 1984-1987, Michael J. Herbert, Domenic E. Pacitt
University of Richmond Law Review
An explosion of interest in the practical workings and economic significance of the bankruptcy system has, in recent years, led to many efforts to study that system through data other than that contained in reported cases. In some key respects, the mere articulation and analysis of legal rules is no longer satisfactory. Indeed, it has been argued that such analysis is sometimes scarcely relevant. This article is intended to add a little more information to that already compiled regarding the actual nature and function of modern American bankruptcy law. It further attempts to place this information into the context of …
Adequate Protection- The Equitable Yardstick Of Chapter 11, Amy S. Ashworth
Adequate Protection- The Equitable Yardstick Of Chapter 11, Amy S. Ashworth
University of Richmond Law Review
A debtor who files a petition for relief under the Bankruptcy Reform Act of 1978 (the Code) triggers the automatic stay provisions of the Code. The automatic stay precludes creditors from enforcing their rights in the collateral pending further order of the Bankruptcy Court. An issue which has spurred continued controversy is whether undersecured creditors who are stayed from repossessing their collateral are entitled to compensation for the delay in enforcing their rights in the collateral. It is agreed that the concept of adequate protection provides for the preservation of the value of the collateral due to its use, depreciation, …
Toward True And Plain Dealing: A Theory Of Fraudulent Transfers Involving Unreasonably Small Capital, Bruce A. Markell
Toward True And Plain Dealing: A Theory Of Fraudulent Transfers Involving Unreasonably Small Capital, Bruce A. Markell
Articles by Maurer Faculty
No abstract provided.
Comparison Of Japanese And American Bankruptcy Law, Brooke Schumm Iii
Comparison Of Japanese And American Bankruptcy Law, Brooke Schumm Iii
Michigan Journal of International Law
The outline and direction of this article are arranged approximately in the order of provisions under the U.S. Bankruptcy Code. The article focuses on Japanese reorganization proceedings, but necessarily discusses Japanese bankruptcy provisions at length. First, eligibility and types of proceedings are discussed. Second, commencement details and administrative provisions, including the "automatic stay" and assumption and rejection of leases and contracts are presented. Third, the debtor's duties and the handling of claims are reviewed. Fourth, liquidations are compared. Fifth, confirmation and reorganization are explored in detail. Last, a comparison of bankruptcy provisions for individuals concludes the article.
A Comparison Of Farm Bankruptcies In Chapter 11 And The New Chapter 12, Janet A. Flaccus
A Comparison Of Farm Bankruptcies In Chapter 11 And The New Chapter 12, Janet A. Flaccus
University of Arkansas at Little Rock Law Review
No abstract provided.
A Critical Analysis Of Bankruptcy Code Section 707(B), Wayne R. Wells, Janell M. Kurtz
A Critical Analysis Of Bankruptcy Code Section 707(B), Wayne R. Wells, Janell M. Kurtz
Cleveland State Law Review
In response to criticism by the credit industry and the dramatic rise in the amount of consumer bankruptcy filings, a number of provisions relating to consumer credit, often referred to as the "Consumer Credit Amendments," were included in the Bankruptcy Amendments and Federal Judgeship Act of 1984....Section 707(b)9 is one of the most significant changes included in the Consumer Credit Amendments. This entirely new provision allows bankruptcy courts to dismiss a Chapter 7 petition for substantial abuse when the case is filed by an individual debtor whose debts are primarily consumer debts. The purpose of the Consumer Credit Amendments is …
Bankruptcy - A Debtor Under Reorganization Pursuant To Chapter 11 Of The Bankruptcy Code Cannot Designate The Allocation Of Its Priority Tax Liabilities, Richard Silpe
Villanova Law Review
No abstract provided.
The Risks Of Insider Guaranties, Douglass G. Boshkoff
The Risks Of Insider Guaranties, Douglass G. Boshkoff
Articles by Maurer Faculty
Loan payments made within a year of a bankruptcy filing could be considered avoidable preferences if the loan were guaranteed by a corporate insider. In this article, Prof Boshkoff argues that bankers should value insider guaranties only as a second source of payment, not for any subtle pressure they may exert on the borrower.
The Public Utility In Bankruptcy: A Reality, Veryl Victoria Miles
The Public Utility In Bankruptcy: A Reality, Veryl Victoria Miles
Scholarly Articles
No abstract provided.
Public Issues In A Private Law World: The Appointment Of A Receiver As A Case Study, William E. Conklin, Jodi J. Morrison
Public Issues In A Private Law World: The Appointment Of A Receiver As A Case Study, William E. Conklin, Jodi J. Morrison
Osgoode Hall Law Journal
This essay aims to bypass the doctrine/policy approach to contemporary legal analysis. Instead of resting content with an elaboration of legal doctrine, the authors incorporate social and economic evidence surrounding the call of a demand loan. This evidence creates an understanding of the practice of receivership law; a practice which legal doctrine inadequately describes. Secondly, instead of being content with an assertion of policy, the authors attempt to understand the practice by assessing the evidence in the light of the Greek forms of corrective justice and distributive justice.
Determining The Limits Of Postpetition Interest Under Section 506(B) Of The Bankruptcy Code: In Re Ron Pair Enterprises, Veryl Victoria Miles
Determining The Limits Of Postpetition Interest Under Section 506(B) Of The Bankruptcy Code: In Re Ron Pair Enterprises, Veryl Victoria Miles
Scholarly Articles
This article will consider the merits of both sides of the debate that now engulfs Section 506(b), as presented primarily by the Sixth and Fourth Circuit Courts in Ron Pair Enterprises and Best Repair, respectively. After summarizing the arguments presented and the decision of the court in Ron Pair Enterprises, the article will present an analysis of the majority and minority views on the language of Section 506(b) and offer a critical assessment of the pre-Code law on the allowance of postpetition interest on over-secured claims.
From this assessment, this article will conclude that Section 506(b) should be interpreted in …
Tacit Exclusion: Defining Code Terms Using Extraneous Referents, F. Stephen Knippenberg
Tacit Exclusion: Defining Code Terms Using Extraneous Referents, F. Stephen Knippenberg
F. Stephen Knippenberg
No abstract provided.