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Full-Text Articles in Law
Bankruptcy And Recovery Of Tort Damages, George Kuney
Bankruptcy And Recovery Of Tort Damages, George Kuney
Scholarly Works
No abstract provided.
Bankruptcy And Federalism, Thomas E. Plank
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
Scholarly Works
No abstract provided.
Misinterpreting Bankruptcy Code Section 363(F) And Undermining The Chapter 11 Process, George Kuney
Misinterpreting Bankruptcy Code Section 363(F) And Undermining The Chapter 11 Process, George Kuney
Scholarly Works
No abstract provided.
Multidisciplinary Practice After In Re Enron: Should The Debate On Mdp Change At All?, Nancy B. Rapoport
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
"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
"Retail Choice" Is Coming: Have You Hugged Your Utilities Lawyer Today? (Part I), Nancy B. Rapoport, Jeffrey D. Van Niel
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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
Bankruptcy Professionals, Debtor Dominance, And The Future Of Bankruptcy: A Review And A Rhapsody On A Theme, Thomas E. Plank
Scholarly Works
No abstract provided.
The Bankruptcy Trust As A Legal Person, Thomas E. Plank
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
The Creditor In Possession Under The Bankruptcy Code: History, Text, And Policy, Thomas E. Plank
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No abstract provided.
Why Bankruptcy Judges Need Not And Should Not Be Article Iii Judges, Thomas E. Plank
Why Bankruptcy Judges Need Not And Should Not Be Article Iii Judges, Thomas E. Plank
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No abstract provided.
The Outer Boundaries Of The Bankruptcy Estate, Thomas E. Plank
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
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
The Need For New Bankruptcy Ethics Rules: How Can "One Size Fits All" Fit Anybody?, Nancy B. Rapoport
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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
Turning The Microscope On Ourselves: Self-Assessment By Bankruptcy Lawyers Of Potential Conflicts Of Interest In Columbus, Ohio, Nancy B. Rapoport
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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
Has The Dip's Attorney Become The Ultimate Creditors' Lawyer In Bankruptcy Reorganization Proceedings?, Nancy B. Rapoport, C. R. Bowles
Scholarly Works
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
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
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
Avoiding Judicial Wrath: The Ten Commandments For Bankruptcy Practitioners, Nancy B. Rapoport
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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
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
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.