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Articles 1 - 14 of 14
Full-Text Articles in Law
Consumer Bankruptcy Reform: Debtors' Prison Without Bars Or "Just Desserts" For Deadbeats?, Robert J. Landry Iii, Nancy Hisey Mardis
Consumer Bankruptcy Reform: Debtors' Prison Without Bars Or "Just Desserts" For Deadbeats?, Robert J. Landry Iii, Nancy Hisey Mardis
Golden Gate University Law Review
This article provides an overview of current bankruptcy law and filing trends in the United States. It then provides an overview of the major changes to consumer bankruptcy and further analyzes several of the more controversial areas of the new law, placing them in historical context and exploring the possible ramifications of these dramatically sweeping changes. Such changes are illustrated by the journey of hypothetical debtors, Ura and Ima Broke, through the new bankruptcy maze. This illustration shows the complexity and inconsistency of the amended Bankruptcy Code. Examining the reform from the vantage point of hypothetical debtors shows how the …
Take This House And Shove It: The Emotional Drivers Of Strategic Default, Brent T. White
Take This House And Shove It: The Emotional Drivers Of Strategic Default, Brent T. White
Publications
No abstract provided.
Bankruptcy Law - Bfp V. Imperial Savings And Loan Association: Resolving The "Reasonably Equivalent Value" Standard In Avoiding Foreclosure Sales, Kevin F. Kilty
Golden Gate University Law Review
No abstract provided.
Bankruptcy Law - In Re Mitchell: Standards Of Valuation In Chapter 13 Proceedings Under 11 U.S.C. § 506(A), Edwin S. Clark
Bankruptcy Law - In Re Mitchell: Standards Of Valuation In Chapter 13 Proceedings Under 11 U.S.C. § 506(A), Edwin S. Clark
Golden Gate University Law Review
In re Mitchel marks the first examination by a circuit court of valuation standards used in Chapter 13 proceedings to establish the value of a creditor's secured claim in a vehicle. In Mitchell, the Ninth Circuit held that the standard to be applied in most cases is a vehicle's wholesale values and that any other standard, such as retail value, should be applied only where the debtor uses a vehicle as part of a going concern. This note will show that the Mitchell majority arrived at its rule by grounding its analysis in well-settled bankruptcy philosophy& and by strictly construing …
Bankruptcy Law - In Re Chg International, Inc.: The Ordinary Course Of Business Exception: What You See Is What You Get, Janina M. Elder
Bankruptcy Law - In Re Chg International, Inc.: The Ordinary Course Of Business Exception: What You See Is What You Get, Janina M. Elder
Golden Gate University Law Review
No abstract provided.
Bankruptcy Law, Charlene R. Ingersoll
Bankruptcy Law, Charlene R. Ingersoll
Golden Gate University Law Review
No abstract provided.
Running The Gauntlet Of "Undue Hardship" - The Discharge Of Student Loans In Bankruptcy, Janice E. Kosel
Running The Gauntlet Of "Undue Hardship" - The Discharge Of Student Loans In Bankruptcy, Janice E. Kosel
Golden Gate University Law Review
To remedy supposed abuse, a proposal was made which ultimately was enacted as section 523(a)(8) of the Bankruptcy Reform Act of 1978. Henceforth, such student loans would be dischargeable in bankruptcy only if "such loan first became due before five years. . . before the date of the filing of the petition; or . . . excepting such debt from discharge . . . will impose an undue hardship on the debtor and the debtor's dependents... ' This Article will first examine the legislative history of that provision and then review the case law implementing and interpreting the undue hardship …
Ukrainian Bankruptcy Law In The Context Of Regional And International Developments, Alexander Biryukov
Ukrainian Bankruptcy Law In The Context Of Regional And International Developments, Alexander Biryukov
Annual Survey of International & Comparative Law
During the period of Soviet rule there was no need for private law remedies to regulate economic relations, particular in the area of bankruptcy. After the Soviet Union's collapse, former republics and newly independent states started developing market-oriented laws to support democratization process. Due to Ukraine's lack of any bankruptcy legislation during the last century, 1992 marked the starting point of bankruptcy law formation in the country. The formation of bankruptcy laws in Ukraine and other countries in the region may be traced to two stages of development: "first wave" laws passed in 1990 through 1993, and "second wave" laws …
An Overview Of Insolvency Proceedings In Asia, Leslie A. Burton
An Overview Of Insolvency Proceedings In Asia, Leslie A. Burton
Annual Survey of International & Comparative Law
This paper gives an overview of current bankruptcy (insolvency) proceedings in Asia. It will explain the existing laws, which are generally old and too outmoded to resolve modem cross-border debtor/creditor disputes. It will explore cultural attitudes which have both inhibited use of the existing laws and prevented meaningful changes to them. It will discuss how the changing structure of the market makes bankruptcy proceedings more common today than in the past, and appears to be leading many countries to revamp their bankruptcy laws. This paper will focus on the bankruptcy laws of eight Asian countries: Hong Kong, China, Taiwan, Indonesia, …
Toward An International Bankruptcy Policy In Europe: Four Decades In Search Of A Treaty, Leslie A. Burton
Toward An International Bankruptcy Policy In Europe: Four Decades In Search Of A Treaty, Leslie A. Burton
Annual Survey of International & Comparative Law
As multinational trade has increased, so has the need for crossborder insolvency agreements. For forty years, the European Community and European Union have attempted to agree on cross-border insolvency procedures. The author explores the history of these efforts, the policy issues which have made agreement difficult, and the demise of the EUs best hope for a cross-border insolvency agreement: the failed 1995 Convention. Finally, she compares past and current proposals, and explains why they are inferior solutions to the failed Convention.
Bankruptcy, Evert M. Makinen
Bankruptcy, Helen Coyne-Hoerle
Bankruptcy, Helen Coyne-Hoerle
Golden Gate University Law Review
No abstract provided.
The Morality Of Strategic Default, Brent T. White
Underwater And Not Walking Away: Shame, Fear, And The Social Management Of The Housing Crisis, Brent T. White
Underwater And Not Walking Away: Shame, Fear, And The Social Management Of The Housing Crisis, Brent T. White
Publications
No abstract provided.