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A Factual Study Of Bankruptcy Administration And Some Suggestions, J. Howard Marshall, William O. Douglas Jan 1932

A Factual Study Of Bankruptcy Administration And Some Suggestions, J. Howard Marshall, William O. Douglas

Faculty Scholarship Series

Bankruptcy administration has been subject to but little fundamental
change in the thirty-three years since the present act was
adopted. Though amendments have frequently been made, they
have altered only the detail, not the general structure. But there is a
suspicion that things have changed in respect to bankruptcy or at least
that various assumptions basic to the system have been disproved or
need to be qualified. Further, it is felt that the system has acquired
or inherited from older times a rigidity that prevents it from adequately
adjusting itself to the exigencies of the life with which it deals.


Declaratory Judgment As An Exclusive Or Alternative Remedy, Edwin Borchard Jan 1932

Declaratory Judgment As An Exclusive Or Alternative Remedy, Edwin Borchard

Faculty Scholarship Series

In a recent Michigan case the seller of a boiler, claiming a chattel mortgage therein for the unpaid purchase price, brought an action against the person who had bought the boiler at a bankruptcy sale of the property of the original buyer for a declaration that the plaintiff had the right to possession, or in the alternative, that the defendant was under a duty to pay the balance of the original purchase price. The defendant claimed to be the owner free of the mortgage. A majority of the Michigan Supreme Court, on its own motion, for the propriety of the ...