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Full-Text Articles in Law
The Role Of Valuation In Federal Bankruptcy Exemption Process: The Supreme Court Reads Schedule C, David G. Carlson
The Role Of Valuation In Federal Bankruptcy Exemption Process: The Supreme Court Reads Schedule C, David G. Carlson
Articles
In Taylor v. Freeland & Kronz, a debtor claimed a law suit was exempt. The bankruptcy trustee failed to object within the required period. Later, the law suit realized an amount that far exceeded the monetary limit to which the debtor was entitled. The Supreme Court permitted the debtor to keep all of the proceeds, even beyond the statutory limit, claiming that a deadline was a deadline. Recently, in Schwab v. Reilly, the Supreme Court overruled Taylor, holding that a claim to a monetarily limited item can only exempt the monetary limit. The Court tries and fails to "reconcile" these …
Modified Plans Of Reorganization And The Basic Chapter 13 Bargain, David G. Carlson
Modified Plans Of Reorganization And The Basic Chapter 13 Bargain, David G. Carlson
Articles
A very large number of chapter 13 plans are confirmed each year. Unlike chapter 11 plans (for non-individuals), these plans may be revised after confirmation. The modification provisions of the Bankruptcy Code, however, give very little guidance as to what constitutes a permissible modification. In contrast, confirmation of the original plan is very carefully governed. This article theorizes that modification must honor the basic chapter 13 bargain. According to this bargain, the debtor is entitled to the bankruptcy estate and the creditors are entitled to net surplus income. The article assesses whether the diffuse and disorganized caselaw of modification adheres …
Cars And Homes In Chapter 13 After The 2005 Amendments To The Bankruptcy Code, David G. Carlson
Cars And Homes In Chapter 13 After The 2005 Amendments To The Bankruptcy Code, David G. Carlson
Articles
No abstract provided.
Ethical Issues In Asbestos Litigation, Lester Brickman
Ethical Issues In Asbestos Litigation, Lester Brickman
Articles
Asbestos litigation has given rise to over 50,000,000 claims against 8400 former producers, distributors, installers and sellers of asbestos-containing products. To date, 850,000 claimants have sought compensation, costing businesses and insurance companies over $70 billion and resulting in more than 70 bankruptcies. Over 100,000 deaths are attributable to asbestos exposure with an additional 40,000 deaths anticipated over the next 30 years. Despite the significance of the ethical issues generated by the processes of acquiring, pressing and settling the most massive litigation in history, the legal literature is substantially devoid of any such discussion. One possible reason for this paucity of …
The Truth About The New Value Exception To Bankruptcy’S Absolute Priority Rule, David G. Carlson, Jack F. Williams
The Truth About The New Value Exception To Bankruptcy’S Absolute Priority Rule, David G. Carlson, Jack F. Williams
Articles
No abstract provided.
Junior Secured Creditors And The Automatic Stay, David G. Carlson
Junior Secured Creditors And The Automatic Stay, David G. Carlson
Articles
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.
Secured Creditors And The Eely Character Of Bankruptcy Valuations, David G. Carlson
Secured Creditors And The Eely Character Of Bankruptcy Valuations, David G. Carlson
Articles
No abstract provided.
Oversecured Creditors Under Bankruptcy Code Section 506(B): The Limits Of Postpetition Interest, Attorneys' Fees, And Collection Expenses, David G. Carlson
Oversecured Creditors Under Bankruptcy Code Section 506(B): The Limits Of Postpetition Interest, Attorneys' Fees, And Collection Expenses, David G. Carlson
Articles
No abstract provided.
Successor Liability In Bankruptcy: Some Unifying Themes Of Intertemporal Creditor Priorities Created By Running Covenants, Products Liability, And Toxic-Waste Cleanup, David G. Carlson
Articles
No abstract provided.