Law Commons^™

Bankruptcy Reform, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Gene Humphreys, W. Thomas Bunch, Thomas L. Canary, David M. Cantor, Tracey N. Wise, Meritt S. Dietz, Phillip M. Moloney, Jeffrey W. Morris, John S. Egan, Sandra D. Freeburger, Randy D. Shaw

Continuing Legal Education Materials

Presentation materials from the Bankruptcy Reform Course held by UK/CLE in December 1994.

Revised Ucc Article 8: Why It's Needed, What It Does, James S. Rogers

James S. Rogers

No abstract provided.

The Unsecured Creditor's Bargain: An Essay In Reply, Reprisal, Or Support?, F. Stephen Knippenberg

F. Stephen Knippenberg

No abstract provided.

Differing Perceptions Of Attorney Fees In Bankruptcy Cases, Theodore Eisenberg

Cornell Law Faculty Publications

The Value Of Obvious Empirical Results And The Omniscient Mr. Palans: Response To Mr. Palans' Comments, Theodore Eisenberg

Cornell Law Faculty Publications

Mr. Palans' comment raises one worthwhile question. Most of the rest of his rant is either off the subject or too shallow to warrant extended discussion. The useful question Mr. Palans raises is whether this research is of value. The article did not defend this mode of work; perhaps I am too immersed in it to always keep in mind the merits of discussing the question. So let me spell out its benefits here.

The Rtc Intrusion Into Bankruptcy: A Crisis Solution At The Expense Of Equity?, Hope W. Olsson

Buffalo Law Review

No abstract provided.

Bankruptcy—Excusable Neglect—Late Filings Of Bankruptcy Proofs Of Claims Are Not Limited To Those Beyond The Filer's Ability To Control. Pioneer Inv. Servs. Co. V. Brunswick Assoc. Ltd. Partnership, 113 S. Ct. 1489 (1993)., Sue Patton Mosley

University of Arkansas at Little Rock Law Review

No abstract provided.

Bfp V. Resolution Trust Corporation: Supreme Court Shifts Focus Onto State Law In Ruling On Mortgage Foreclosure Sales, Audy M. Perry Jr.

West Virginia Law Review

No abstract provided.

Beyond G30: Update: A New Approach To The Commercial Law Of Securities Holding Through Intermediaries: The Proposed Revisions Of Article 8 Of The United States Uniform Commercial Code, James S. Rogers

James S. Rogers

No abstract provided.

The Equal Access To Justice Act--Are The Bankruptcy Courts Less Equal Than Others?, Matthew J. Fischer

Michigan Law Review

This Note argues that the bankruptcy courts have authority under the BAJA to shift fees against the federal government. Part I discusses the relevant caselaw and examines the basis of the current controversy. Part II examines the statutory language, the legislative history, and the stated purposes of the BAJA and concludes that each of these aspects of the statute demonstrates a congressional intent to grant fee-shifting authority to the bankruptcy courts. Part III considers alternatives to finding bankruptcy court jurisdiction over BAJA disputes, rejecting each as inefficient and unnecessary. This Note concludes that courts should construe the BAJA consistently with …

Consumer Bankruptcy: A Roundtable Discussion, Janice E. Kosel

Publications

No abstract provided.

Attorney's Fees In Chapter 11 Reorganization: A Case For Modified Procedures, Brenda Hacker Osborne

Indiana Law Journal

No abstract provided.

Bankruptcy, Lenity, And The Statutory Interpretation Of Cognate Civil And Criminal Statutes, Bruce A. Markell

Indiana Law Journal

No abstract provided.

The Treatment Of Net Rents In Bankruptcy-Adequate Protection, Payment Of Interest, Return Of Collateral, Or Reduction Of Debt, Craig H. Averch, Blake L. Berryman, Michael J. Collins

University of Miami Law Review

No abstract provided.

The Continuing Puzzle Of Collective Bargaining Agreements In Bankruptcy, Daniel Keating

William & Mary Law Review

No abstract provided.

Memorial Service, Judge Justin J. Mahoney, Roger J. Miner '56

Judges

No abstract provided.

Bankruptcy—Chapter 13—Bifurcation Of Undersecured Claims Secured Only By Residential Real Estate Mortgages Is Not Allowed. Nobelman V. American Savings Bank (In Re Nobelman), 113 S. Ct. 2106 (1993)., Steven O. Vondran

University of Arkansas at Little Rock Law Review

No abstract provided.

Erisa Qualified Pension Plan Benefits As Property Of The Bankruptcy Estate: The Unanswered Questions After Patterson V. Shumate, Jack E. Karns

Campbell Law Review

To better understand the impact of Patterson, as well as future debates regarding conflict between state and federal law in the Bankruptcy Code, this article will review the underlying case law that set the stage for this judicial showdown. Part II specifically analyzes the competing case lines which excluded pension plan benefits from the bankruptcy estate. Part III briefly summarizes those cases which concluded that plan benefits must be included in the estate but may be subject to exemption under state or federal law. Part IV reviews the Patterson opinion in detail, as well as the issues and analysis …

Should We Abolish Chapter 11? The Evidence From Japan, Theodore Eisenberg, Shoichi Tagashira

Cornell Law Faculty Publications

Optimizing reorganization proceedings for small and midsized businesses is an important issue in every industrial country. But little information exists about the actual operation of such proceedings. Recent U.S. bankruptcy studies focus either on consumer bankruptcies or on large Chapter 11 cases involving publicly listed firms. This article presents the results of a comprehensive empirical study of Japan's most frequently used business bankruptcy reorganization provision. Small and midsized reorganizations have become important for several reasons. First, unlike large firms, the vast majority of small businesses fail to obtain confirmation of a Chapter 11 plan and end up in liquidation, thus …

Person Or Property? On The Legal Nature Of The Bankruptcy Estate, Stephen M. Mcjohn

Suffolk University Law School Faculty Works

This article addresses the legal nature of the bankruptcy estate: whether the bankruptcy estate is a collection of property interests, like the traditional conception of a decedent's estate, or whether the estate is the legal person in which such property interests vest, analogous to a corporation, a partnership, or an individual. The legal nature of the bankruptcy estate becomes most important when a corporation which files a chapter 11 petition becomes a debtor in possession. Suppose Acme Corporation files a chapter 11 bankruptcy petition and becomes a debtor in possession; Acme's property becomes the bankruptcy estate. What is Acme Corporation's …

What Is Right About Bankruptcy Law And Wrong About Its Critics, Samuel Bufford

Journal Articles

My comments in this paper focus on the papers in thus Symposium by Professors Barry Adler, James Bowers, and Philippe Aghion, Oliver Hart, and John Moore. I argue that the central points of these papers are gravely mistaken because they completely misunderstand the character of the bankruptcy caseload and procedures, they ignore some important purposes of bankruptcy reorganization, and they misstate the success rate for reorganizations. I have chosen these papers for comment for two reasons: they recommend radical changes in bankruptcy law, and they are based on the thinnest knowledge of bankruptcy practice. Incidentally, they also all take an …

Postpetition Lending Under Section 364: Current Issues - Incentives To Lenders To Provide Financing To Borrowers Who Are The Subject Of Bankruptcy Cases, David G. Epstein

Law Faculty Publications

A bankruptcy debtor is not viewed by most lenders as a desirable customer. Most lenders arc understandably reluctant to extend credit to such a borrower. This reluctance compounds the difficulties of a bankruptcy debtor. Without new financing, the cash needs of a debtor often will cause the debtor's assets to be liquidated, thereby foreclosing any hope of reorganization and defeating the rehabilitative purposes of the Bankruptcy Code. To counter the understandable reluctance of financial institutions to lend to bankruptcy debtors, section 364 of the Bankruptcy Code provides incentives to lenders to provide financing to borrowers who are the subject of …

Rethinking The Line Between Corporate Law And Corporate Bankruptcy, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.

Epa Runs Cerclas Around Bankruptcy Law: In Re Cmc Heartland Partners, Catherine A. Barth

Villanova Environmental Law Journal

No abstract provided.

Some Gloomy Thoughts Concerning Cross-Border Insolvencies, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Debtor Protection At The Close Of The Twentieth Century, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

The Tax Consequences Of Abandonment Under The Bankruptcy Code, Jack F. Williams

Faculty Publications By Year

No abstract provided.

Bankruptcy In The Seventh Circuit: 1993, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Continuity Of Business Requirements For N.O.L.S. In Bankruptcy: The Economic Effects Of 1.269-3(D), Terrence R. Chorvat

Cleveland State Law Review

This paper focuses on the use of carryforwards in a bankruptcy situation. In particular it examines the economic implications of Treasury Regulation § 1.269-3(d), which was finalized on January 6, 1992. This regulation creates a presumption that if the acquirer of a loss corporation does not continue the corporation's business, the transaction was consummated for tax avoidance purposes. Therefore under § 269, which limits use of NOLs after an acquisition, the loss corporation's NOLs cannot be used by the acquirer. This presumption, however, can be overcome by strong evidence that other motives controlled the decision.

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

Scholarly Works

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.