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Full-Text Articles in Law
The Continuing Puzzle Of Secured Debt, Alan Schwartz
The Continuing Puzzle Of Secured Debt, Alan Schwartz
Vanderbilt Law Review
In 1981, I wrote an article showing that no good answer had been given to the question why corporations issue some debt on a secured basis and other debt on an unsecured basis.' This showing had normative implications because claims that the institution of personal property security is efficient or otherwise desirable must be impeached if the actual purposes that security serves are unknown. Consequently, the law's favorable treatment of secured debt-for example, giving it first place in bankruptcy distributions--is without plausible support. My article did not advocate repealing the privileges attached to secured debt, however, because then--current knowledge also …
Exemption Of Erisa Benefits Under Section 522(B)(2)(A) Of The Bankruptcy Code, Michigan Law Review
Exemption Of Erisa Benefits Under Section 522(B)(2)(A) Of The Bankruptcy Code, Michigan Law Review
Michigan Law Review
This Note argues that the two federal statutes are exempting statutes under section 522(b)(2)(A), and thus BRISA funds should be exempt in a bankruptcy action when the debtor uses the state exemption scheme. Part I argues that standard principles of statutory interpretation, as applied to the language of the bankruptcy statute, refute the possibility that Congress intended the list of statutes in the legislative history to be exclusive. Having established that statutes other than those listed may be included under section 522(b )(2)(A), Part II first refutes the argument that the absence of BRISA from the list of exempting statutes …
Farm Lease In Bankruptcy: A Comprehensive Analysis, Margaret Rosso Grossman
Farm Lease In Bankruptcy: A Comprehensive Analysis, Margaret Rosso Grossman
Notre Dame Law Review
No abstract provided.
Report On Tax Aspects Of Farmers In Bankruptcy, Ralph T. Turner
Report On Tax Aspects Of Farmers In Bankruptcy, Ralph T. Turner
Akron Tax Journal
This article will deal only with the individual taxpayer who utilizes the bankruptcy court and not with the tax treatment of corporations and partnerships in bankruptcy. There are special rules for the tax treatment of these entities. This article will review the general principles of tax treatment of an individual whose indebtedness was discharged in bankruptcy under the prior law and under the Bankruptcy Tax Act of 1980. After this general review and comments on their application to farmers, a hypothetical fact situation will be reviewed and the handling of the tax returns for the individual and the bankruptcy estate …
Repurchase Agreements And The Bankruptcy Code: The Need For Legislative Action, Gary Walters
Repurchase Agreements And The Bankruptcy Code: The Need For Legislative Action, Gary Walters
Fordham Law Review
No abstract provided.
The Role Of Unions In The 1980s, Symposium, Chapter 11 Of The Bankruptcy Act And Collective Bargaining Agreements: The Rejection Of Collective Bargaining Agreements Under The Bankruptcy Code - An Abuse Or Proper Exercise Of The Congressional Bankruptcy Power, Harvey R. Miller
Fordham Law Review
No abstract provided.
The Role Of Unions In The 1980s, Symposium, Chapter 11 Of The Bankruptcy Act And Collective Bargaining Agreements: The Rejection Of Collective Bargaining Agreements Under The Bankruptcy Code - An Abuse Or Proper Exercise Of The Congressional Bankruptcy Power, Harvey R. Miller
Fordham Law Review
No abstract provided.
United States Magistrates Hearing Civil Cases: The Constitutionality Of Rendering Final Judgments After Northern Pipeline Construction Co. V. Marathon Pipe Line Co., Neal T. Buethe
Notre Dame Law Review
No abstract provided.