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Full-Text Articles in Law

Consent To Student Loan Bankruptcy Discharge, John P. Hunt Oct 2020

Consent To Student Loan Bankruptcy Discharge, John P. Hunt

Indiana Law Journal

As the Department of Education reconsiders its rules governing consent to discharge of federal student loans in bankruptcy, this Article argues for the first time that the Department should approach the problem specifically as an operator of programs to promote education and benefit students, rather than as an entity interested only in debt collection. This Article shows that the Department’s rules to date have treated whether to consent to discharge primarily as a pecuniary issue, without regard to the educational goals of the student loan programs. For example, the Department apparently has never considered whether making it difficult to discharge …


Reforming Institutions: The Judicial Function In Bankruptcy And Public Law Litigation, Kathleen G. Noonan, Jonathan C. Lipson, William Simon Apr 2019

Reforming Institutions: The Judicial Function In Bankruptcy And Public Law Litigation, Kathleen G. Noonan, Jonathan C. Lipson, William Simon

Indiana Law Journal

Public law litigation (PLL) is among the most important and controversial types of dispute that courts face. These civil class actions seek to reform public agencies such as police departments, prison systems, and child welfare agencies that have failed to meet basic statutory or constitutional obligations. They are controversial because critics assume that judicial intervention is categorically undemocratic or beyond judicial expertise.

This Article reveals flaws in these criticisms by comparing the judicial function in PLL to that in corporate bankruptcy, where the value and legitimacy of judicial intervention are better understood and more accepted. Our comparison shows that judicial …


Are Charter Schools The Second Coming Of Enron?: An Examination Of The Gatekeepers That Protect Against Dangerous Related-Party Transactions In The Charter School Sectors, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole Jan 2018

Are Charter Schools The Second Coming Of Enron?: An Examination Of The Gatekeepers That Protect Against Dangerous Related-Party Transactions In The Charter School Sectors, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole

Indiana Law Journal

INTRODUCTION

OVERVIEW OF ENRON

A. ENRON AND DEREGULATION

B. THE LJM SPES

C. ENRON’S COLLAPSE

II: ENRON’S GATEKEEPER PROBLEMS

A. ARTHUR ANDERSEN

B. INDEPENDENT ANALYSTS

C. CREDIT RATING AGENCIES

D. ENRON’S BOARD OF DIRECTORS

E. SECURITIES AND EXCHANGE COMMISSION (SEC)

III: CHARTER SCHOOLS AND RELATED-PARTY TRANSACTIONS

A. CHARTER SCHOOL DEREGULATION AND PRIVATE INVESTORS

B. EXAMPLES OF ENRON-LIKE RELATED-PARTY TRANSACTIONS

1. IMAGINE SCHOOLS

2. IVY ACADEMIA CHARTER SCHOOL

3. AMERICAN INDIAN MODEL CHARTER SCHOOLS

4. GRAND TRAVERSE ACADEMY

5. PENNSYLVANIA CYBER CHARTER SCHOOL

C. THE FEDERAL GOVERNMENT, RELATED-PARTY TRANSACTIONS, AND THE NEED FOR STRONG GATEKEEPING

IV: CHARTER SCHOOL GATEKEEPERS

A. AUDITORS …


Hidden In Plain View: The Pension Shield Against Creditors, Patricia E. Dilley Apr 1999

Hidden In Plain View: The Pension Shield Against Creditors, Patricia E. Dilley

Indiana Law Journal

No abstract provided.


Once Is Not Enough: Preserving Consumers' Rights To Bankruptcy Protection, Susan L. Dejarnatt Apr 1999

Once Is Not Enough: Preserving Consumers' Rights To Bankruptcy Protection, Susan L. Dejarnatt

Indiana Law Journal

No abstract provided.


The Bankruptcy Crisis, Elizabeth Warren Oct 1998

The Bankruptcy Crisis, Elizabeth Warren

Indiana Law Journal

No abstract provided.


Fresh Start, False Start, Or Head Start?, Douglass Boshkoff Apr 1995

Fresh Start, False Start, Or Head Start?, Douglass Boshkoff

Indiana Law Journal

No abstract provided.


Overt And Covert Bailouts: Developing A Public Bailout Policy, Cheryl D. Block Oct 1992

Overt And Covert Bailouts: Developing A Public Bailout Policy, Cheryl D. Block

Indiana Law Journal

No abstract provided.


Foreword, Frank R. Kennedy Jan 1989

Foreword, Frank R. Kennedy

Indiana Law Journal

Symposium: As We Forgive Our Debtors


Women In Bankruptcy And Beyond, Zipporah Batshaw Wiseman Jan 1989

Women In Bankruptcy And Beyond, Zipporah Batshaw Wiseman

Indiana Law Journal

Symposium: As We Forgive Our Debtors


A Sociological Perspective On Bankruptcy, Lisa J. Mcintyre Jan 1989

A Sociological Perspective On Bankruptcy, Lisa J. Mcintyre

Indiana Law Journal

Symposium: As We Forgive Our Debtors


As We Forgive Our Debtors In The Classroom, Douglass Boshkoff Jan 1989

As We Forgive Our Debtors In The Classroom, Douglass Boshkoff

Indiana Law Journal

Symposium: As We Forgive Our Debtors


Creditor Acquiescence As A Defense To An Exception To Discharge In Bankruptcy, Elizabeth Gavit Filipow Jan 1983

Creditor Acquiescence As A Defense To An Exception To Discharge In Bankruptcy, Elizabeth Gavit Filipow

Indiana Law Journal

No abstract provided.


Marks V. Brucker: The Bankrupt's Right To Settle Claims With After-Acquired Assets, Thomas J. Brannan Apr 1972

Marks V. Brucker: The Bankrupt's Right To Settle Claims With After-Acquired Assets, Thomas J. Brannan

Indiana Law Journal

No abstract provided.


Use Of Marshaling To Defeat Trustee In Bankruptcy: Equity Misapplied, James P. Mulroy Oct 1969

Use Of Marshaling To Defeat Trustee In Bankruptcy: Equity Misapplied, James P. Mulroy

Indiana Law Journal

No abstract provided.


State Priority To Sales Tax Proceeds In Bankruptcy Jan 1965

State Priority To Sales Tax Proceeds In Bankruptcy

Indiana Law Journal

No abstract provided.


Insolvency In Bankruptcy: A Synthesis, G. Stanley Joslin Oct 1962

Insolvency In Bankruptcy: A Synthesis, G. Stanley Joslin

Indiana Law Journal

No abstract provided.


The Rights Of A Trustee In Bankruptcy As Against A Federal Tax Lien Apr 1960

The Rights Of A Trustee In Bankruptcy As Against A Federal Tax Lien

Indiana Law Journal

No abstract provided.


The Unsolved Problems In Priority For Federal Tax Claims Jul 1955

The Unsolved Problems In Priority For Federal Tax Claims

Indiana Law Journal

No abstract provided.


Bankruptcy Jul 1947

Bankruptcy

Indiana Law Journal

Indiana Legislation, 1947


Res Judicata Of Judgment Creditor's Claim Oct 1946

Res Judicata Of Judgment Creditor's Claim

Indiana Law Journal

Notes and Comments: Bankruptcy


Agricultural Composition And Extension Apr 1943

Agricultural Composition And Extension

Indiana Law Journal

Notes and Comments: Bankruptcy


The Sale Of Collateral Security By The Pledgee Thereof After The Invention Of The Bankruptcy Of The Pledgor, Richard Robinson Mcginnis Jan 1934

The Sale Of Collateral Security By The Pledgee Thereof After The Invention Of The Bankruptcy Of The Pledgor, Richard Robinson Mcginnis

Indiana Law Journal

No abstract provided.


Bankruptcy-Liens-Unrecorded Mortgage Nov 1932

Bankruptcy-Liens-Unrecorded Mortgage

Indiana Law Journal

No abstract provided.


Bankruptcy-Secured Debts-Jurisdiction Of State Courts May 1932

Bankruptcy-Secured Debts-Jurisdiction Of State Courts

Indiana Law Journal

No abstract provided.


Bankruptcy-Provable Claims-Contingent Liability Jan 1932

Bankruptcy-Provable Claims-Contingent Liability

Indiana Law Journal

No abstract provided.


Damages-Penalty And Liquidation Damages Distinguished- Jun 1930

Damages-Penalty And Liquidation Damages Distinguished-

Indiana Law Journal

No abstract provided.


Black On Bankruptcy, Fowler Vincent Harper Apr 1930

Black On Bankruptcy, Fowler Vincent Harper

Indiana Law Journal

No abstract provided.


Landlord And Tenant-Contracts-Bankruptcy Nov 1929

Landlord And Tenant-Contracts-Bankruptcy

Indiana Law Journal

Recent Case Notes


New Books On Bankruptcy, James J. Robinson Mar 1927

New Books On Bankruptcy, James J. Robinson

Indiana Law Journal

No abstract provided.