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William & Mary Law School

Law

Bankruptcy Law

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Full-Text Articles in Law

Does Section 524 (A)(2) Of The Bankruptcy Code Bar Criminal Prosecution Concerning Discharged Debts?, Kent A. Bieberich Apr 1988

Does Section 524 (A)(2) Of The Bankruptcy Code Bar Criminal Prosecution Concerning Discharged Debts?, Kent A. Bieberich

William & Mary Law Review

No abstract provided.


The Efficacy Of Guaranty Contracts In Sophisticated Commercial Transactions, Peter A. Alces Jan 1983

The Efficacy Of Guaranty Contracts In Sophisticated Commercial Transactions, Peter A. Alces

Faculty Publications

Even though contracts of guaranty are not subject to uniform standards of interpretation throughout the states, both case law and statutory development have tended to evidence a strong sympathy for the guarantor. In spite of this trend, Professor Alces suggests that creditors' counsel can, through careful drafting, do much to assure the enforceability of the guaranty contract. A scrupulously structured guaranty contract, one that anticipates possible defenses to liability in explicit terms, may well be upheld, even in cases in which guarantors occupied weak negotiating positions vis-a-vis creditors. Moreover, the attack on the guaranty as a fraudulent conveyance under section …


Enforceability Of A Lease Termination Clause In Proceedings Under Bankruptcy Act, Chapter Xi Dec 1974

Enforceability Of A Lease Termination Clause In Proceedings Under Bankruptcy Act, Chapter Xi

William & Mary Law Review

No abstract provided.