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Articles 1 - 14 of 14
Full-Text Articles in Law
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
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.
Consumer Bankruptcy: A Roundtable Discussion, Janice E. Kosel
Consumer Bankruptcy: A Roundtable Discussion, Janice E. Kosel
Publications
No abstract provided.
The Continuing Puzzle Of Collective Bargaining Agreements In Bankruptcy, Daniel Keating
The Continuing Puzzle Of Collective Bargaining Agreements In Bankruptcy, Daniel Keating
William & Mary Law Review
No abstract provided.
The Poor Need Not Apply: Moralistic Barriers To Bankruptcy’S Fresh Start, Nathaniel C. Nichols
The Poor Need Not Apply: Moralistic Barriers To Bankruptcy’S Fresh Start, Nathaniel C. Nichols
Nathaniel C. Nichols
No abstract provided.
What Is Right About Bankruptcy Law And Wrong About Its Critics, Samuel Bufford
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 …
Bankruptcy Judges, United States Trustees, And Family Farmer Bankruptcy Act Of 1986, Moussa Ismael Abojhanim
Bankruptcy Judges, United States Trustees, And Family Farmer Bankruptcy Act Of 1986, Moussa Ismael Abojhanim
LLM Theses and Essays
The Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986, enacted as Public Law No. 99-554, introduced Chapter 12 to the Bankruptcy Code specifically aimed at providing debt relief to family farmers. This thesis explores providing debt relief to family farmers. It also explores the background leading to the enactment of Chapter 12, including the economic challenges faced by American family farmers in 1970s and 1980s. Additionally, it discusses the legislative history, congressional response, and the provisions of Chapter 12, noting its advantages over chapter 11 and 13 for family farmers in reorganizing their finances and maintaining …
Debtor Protection At The Close Of The Twentieth Century, Douglass Boshkoff
Debtor Protection At The Close Of The Twentieth Century, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.
Adequate Protection Payments And The Surrender Of Cash Collateral In Chapter 11 Reorganization, David G. Carlson
Adequate Protection Payments And The Surrender Of Cash Collateral In Chapter 11 Reorganization, David G. Carlson
Articles
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
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
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.
Joint Tax Return Liability And Bankruptcy, Ann F. Thomas
Joint Tax Return Liability And Bankruptcy, Ann F. Thomas
Other Publications
No abstract provided.
The Rehnquist Court, Strict Statutory Construction And The Bankruptcy Code, Carlos J. Cuevas
The Rehnquist Court, Strict Statutory Construction And The Bankruptcy Code, Carlos J. Cuevas
Cleveland State Law Review
This article analyzes the Rehnquist Court's use of strict statutory construction. It will argue that strict statutory construction can be justified under public choice and agency theories of statutory interpretation, and that strict construction promotes the implementation of bankruptcy policy. Strict statutory construction, moreover, is beneficial because it produces reliability and predictability, which is essential to our dynamic economy. The use of strict statutory construction precludes a court from relying on legislative history to manufacture the result that the court thinks is the best solution to the problem. Another justification for strict statutory construction is that it prevents bankruptcy judges …
Continuity Of Business Requirements For N.O.L.S. In Bankruptcy: The Economic Effects Of 1.269-3(D), Terrence R. Chorvat
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.
Silencing The Loose Cannon: The Need For The Bankruptcy Code To Recognize Letters Of Credit, Juliet M. Moringiello
Silencing The Loose Cannon: The Need For The Bankruptcy Code To Recognize Letters Of Credit, Juliet M. Moringiello
Juliet M. Moringiello
No abstract provided.