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Articles 31 - 51 of 51

Full-Text Articles in Law

Bankruptcy And Recovery Of Tort Damages, George Kuney Oct 2003

Bankruptcy And Recovery Of Tort Damages, George Kuney

Scholarly Works

No abstract provided.


Bankruptcy And Federalism, Thomas E. Plank Dec 2002

Bankruptcy And Federalism, Thomas E. Plank

Scholarly Works

No abstract provided.


Further Misinterpretation Of Bankruptcy Code Secion 363(F): Elevating In Rem Interests And Promoting The Use Of Property Law To Bankruptcy-Proof Real Estate Developments, George Kuney Jul 2002

Further Misinterpretation Of Bankruptcy Code Secion 363(F): Elevating In Rem Interests And Promoting The Use Of Property Law To Bankruptcy-Proof Real Estate Developments, George Kuney

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No abstract provided.


Misinterpreting Bankruptcy Code Section 363(F) And Undermining The Chapter 11 Process, George Kuney Apr 2002

Misinterpreting Bankruptcy Code Section 363(F) And Undermining The Chapter 11 Process, George Kuney

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No abstract provided.


Multidisciplinary Practice After In Re Enron: Should The Debate On Mdp Change At All?, Nancy B. Rapoport Jan 2002

Multidisciplinary Practice After In Re Enron: Should The Debate On Mdp Change At All?, Nancy B. Rapoport

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No abstract provided.


"Retail Choice" Is Coming: Have You Hugged Your Utilities Lawyer Today? (Part Ii), Nancy B. Rapoport, Jeffrey D. Van Niel Jan 2002

"Retail Choice" Is Coming: Have You Hugged Your Utilities Lawyer Today? (Part Ii), Nancy B. Rapoport, Jeffrey D. Van Niel

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This part of the article provides a discussion on the intersection of utilities law and bankruptcy law, pre-BAPCPA. (Part I provides a primer on the history of utilities regulation.)


"Retail Choice" Is Coming: Have You Hugged Your Utilities Lawyer Today? (Part I), Nancy B. Rapoport, Jeffrey D. Van Niel Jan 2002

"Retail Choice" Is Coming: Have You Hugged Your Utilities Lawyer Today? (Part I), Nancy B. Rapoport, Jeffrey D. Van Niel

Scholarly Works

This part of the article provides a primer on the history of utilities regulation. (Part II provides a discussion on the intersection of utilities law and bankruptcy law, pre-BAPCPA.)


Bankruptcy Professionals, Debtor Dominance, And The Future Of Bankruptcy: A Review And A Rhapsody On A Theme, Thomas E. Plank Jan 2002

Bankruptcy Professionals, Debtor Dominance, And The Future Of Bankruptcy: A Review And A Rhapsody On A Theme, Thomas E. Plank

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No abstract provided.


The Bankruptcy Trust As A Legal Person, Thomas E. Plank Jul 2000

The Bankruptcy Trust As A Legal Person, Thomas E. Plank

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The purpose of this article is to show how the Bankruptcy Code authorizes the creation of the bankruptcy trust as a legal person. The filing of a petition under the Bankruptcy Code creates an "estate" consisting of enumerated property interests. The Code also provides for the appointment of a trustee-a separate bankruptcy trustee or, in chapter 11 or chapter 12 cases, the debtor in possession-with broad powers to act as the representative of the estate. The Code does not, however, expressly define the status of the estate as a legal entity. Although the Code occasionally speaks of the estate as …


The Creditor In Possession Under The Bankruptcy Code: History, Text, And Policy, Thomas E. Plank Jan 2000

The Creditor In Possession Under The Bankruptcy Code: History, Text, And Policy, Thomas E. Plank

Scholarly Works

No abstract provided.


Why Bankruptcy Judges Need Not And Should Not Be Article Iii Judges, Thomas E. Plank Oct 1998

Why Bankruptcy Judges Need Not And Should Not Be Article Iii Judges, Thomas E. Plank

Scholarly Works

No abstract provided.


The Outer Boundaries Of The Bankruptcy Estate, Thomas E. Plank Oct 1998

The Outer Boundaries Of The Bankruptcy Estate, Thomas E. Plank

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No abstract provided.


Our House, Our Rules: The Need For A Uniform Code Of Bankruptcy Ethics, Nancy B. Rapoport Jan 1998

Our House, Our Rules: The Need For A Uniform Code Of Bankruptcy Ethics, Nancy B. Rapoport

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This article argues that there should be a separate code of professional responsibility for lawyers in bankruptcy cases.


The Need For New Bankruptcy Ethics Rules: How Can "One Size Fits All" Fit Anybody?, Nancy B. Rapoport Jan 1998

The Need For New Bankruptcy Ethics Rules: How Can "One Size Fits All" Fit Anybody?, Nancy B. Rapoport

Scholarly Works

Short discussion why dormant, temporary, actual conflicts (DTACs) in bankruptcy cases can't be handled appropriately under state ethics rules.


Turning The Microscope On Ourselves: Self-Assessment By Bankruptcy Lawyers Of Potential Conflicts Of Interest In Columbus, Ohio, Nancy B. Rapoport Jan 1997

Turning The Microscope On Ourselves: Self-Assessment By Bankruptcy Lawyers Of Potential Conflicts Of Interest In Columbus, Ohio, Nancy B. Rapoport

Scholarly Works

This article attempts to devise an appropriate instrument to determine whether bankruptcy lawyers in Columbus, Ohio are able to identify potential conflicts of interest in bankruptcy cases. Although the article is unable to develop an appropriate instrument, it does discuss why the survey method is not appropriate for this type of study.


Has The Dip's Attorney Become The Ultimate Creditors' Lawyer In Bankruptcy Reorganization Proceedings?, Nancy B. Rapoport, C. R. Bowles Jan 1997

Has The Dip's Attorney Become The Ultimate Creditors' Lawyer In Bankruptcy Reorganization Proceedings?, Nancy B. Rapoport, C. R. Bowles

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This article discusses the issues facing the lawyer for the estate in a bankruptcy case. It debunks the idea that the lawyer for the estate represents any single constituency, and it tries to redefine the fiduciary duties that the estate lawyer has to the bankruptcy estate.


Ethics: Is Disinterestedness Still A Viable Concept? A Roundtable Discussion, Nancy B. Rapoport Jan 1997

Ethics: Is Disinterestedness Still A Viable Concept? A Roundtable Discussion, Nancy B. Rapoport

Scholarly Works

The transcript of a panel discussion about disinterestedness among Prof. John D. Ayer, the Hon. Charles N. Clevert, the Hon. Joel Pelofsky, Bettina Whyte, and Nancy B. Rapoport.


The Constitutional Limits Of Bankruptcy, Thomas E. Plank Apr 1996

The Constitutional Limits Of Bankruptcy, Thomas E. Plank

Scholarly Works

No abstract provided.


Avoiding Judicial Wrath: The Ten Commandments For Bankruptcy Practitioners, Nancy B. Rapoport Jan 1996

Avoiding Judicial Wrath: The Ten Commandments For Bankruptcy Practitioners, Nancy B. Rapoport

Scholarly Works

This article describes the top ten duties for bankruptcy lawyers. 1. Know the purpose(s) of the Bankruptcy Code. 2. Know the facts and the law. 3. Spend time crafting your arguments. 4. Don't lie (about conflicts of interest or about controlling law). 5. Be respectful (of other lawyers, of the system, and of other participants in the system). 6. Don't indulge your client's sleazy instincts. 7. Don't escalate a conflict unnecessarily. 8. Honor your calendar. 9. Keep your client informed. 10. Don't whine.


Turning And Turning In The Widening Gyre: The Problem Of Potential Conflicts Of Interest In Bankruptcy, Nancy B. Rapoport Jan 1994

Turning And Turning In The Widening Gyre: The Problem Of Potential Conflicts Of Interest In Bankruptcy, Nancy B. Rapoport

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This article is the first in a series of articles discussing the problem of conflicts of interest in bankruptcy cases. It argues that the traditional means for discovering and handling conflicts of interest - based on state-law ethics rules - fundamentally misconceives the problem in a bankruptcy context. State law ethics rules presume that the parties are always in static positions; in bankruptcy law, alliances shift all the time. The article proposes a possible method of handling potential conflicts of interest in bankruptcy cases.


Federal Oil Price Controls In Bankruptcy Cases: Government Claims For Repayment Of Illegal Overcharges Should Not Be Subordinated And “Penalties” Under 11 Usc §726(A)(4), Thomas A. Schweitzer Jan 1989

Federal Oil Price Controls In Bankruptcy Cases: Government Claims For Repayment Of Illegal Overcharges Should Not Be Subordinated And “Penalties” Under 11 Usc §726(A)(4), Thomas A. Schweitzer

Scholarly Works

No abstract provided.