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Articles 1 - 18 of 18
Full-Text Articles in Law
The Cents Of It: Dischargeability And Environmental Claims Under The Bankruptcy Code, Denise M. Schuh
The Cents Of It: Dischargeability And Environmental Claims Under The Bankruptcy Code, Denise M. Schuh
Northern Illinois University Law Review
Courts have been unable to develop a consistent body of precedent as to the point at which a CERCLA claim arises under the Bankruptcy Code due to the competing policy interests involved. This comment analyzes the current approaches employed by the courts and concludes that the current approaches are inadequate to provide a compromise between the policy objectives of both CERCLA and the Bankruptcy Code. This comment proposes a judicial actual notice standard in conjunction with legislative action to enact an environmental liability exception to the dischargeability provisions of the Bankruptcy Code.
Determining Interest And Discount Rates Applicable To Secured Claims In The Specter Of Bankruptcy Law, Aneel M. Pandey
Determining Interest And Discount Rates Applicable To Secured Claims In The Specter Of Bankruptcy Law, Aneel M. Pandey
San Diego Law Review
This Article formulates a basic framework to determine interest and discount rates applicable to secured claims in bankruptcy. It reviews the function of the interest rate from a macroeconomic perspective. The time value of money concept is explained, showing that the later a cash flow comes in time, the less it is worth. The treatment that debtors and creditors receive during the gap period (the time between the filing of the bankruptcy petition and the confirmation of the plan) is evaluated by examining how courts have struggled with the Bankruptcy Code to award post-petition interest. The author concludes by developing …
Postconfirmation Issues: The Effects Of Confirmation And Post Confirmation Procedings, Frank R. Kennedy, Gerald K. Smith
Postconfirmation Issues: The Effects Of Confirmation And Post Confirmation Procedings, Frank R. Kennedy, Gerald K. Smith
South Carolina Law Review
No abstract provided.
Trustees And Examiners In Chapter 11, Barry L. Zaretsky
Trustees And Examiners In Chapter 11, Barry L. Zaretsky
South Carolina Law Review
No abstract provided.
Creditors' Committees Under Chapter 11 Of The Bankruptcy Code, Kenneth N. Klee, K. J. Shaffer
Creditors' Committees Under Chapter 11 Of The Bankruptcy Code, Kenneth N. Klee, K. J. Shaffer
South Carolina Law Review
No abstract provided.
The Abc's Of Liga, Carey J. Guglielmo, Daniel J. Balhoff
The Abc's Of Liga, Carey J. Guglielmo, Daniel J. Balhoff
Louisiana Law Review
No abstract provided.
The Classification Veto In Single-Asset Cases Under Bankruptcy Code Section 1129(A)(10), David G. Carlson
The Classification Veto In Single-Asset Cases Under Bankruptcy Code Section 1129(A)(10), David G. Carlson
South Carolina Law Review
No abstract provided.
Constitutional Limitations On The Discharge Of Future Claims In Bankruptcy, Ralph R. Mabey, Jamie A. Gavrin
Constitutional Limitations On The Discharge Of Future Claims In Bankruptcy, Ralph R. Mabey, Jamie A. Gavrin
South Carolina Law Review
No abstract provided.
The Future Of Chapter 11, Charles J. Tabb
The Future Of Chapter 11, Charles J. Tabb
South Carolina Law Review
No abstract provided.
Bankruptcy As An Essentially Contested Concept: The Case Of The One-Asset Case, John D. Ayer
Bankruptcy As An Essentially Contested Concept: The Case Of The One-Asset Case, John D. Ayer
South Carolina Law Review
No abstract provided.
Towards A Model Of A Bankruptcy Administration, Richard B. Levin
Towards A Model Of A Bankruptcy Administration, Richard B. Levin
South Carolina Law Review
No abstract provided.
Chapter 11 For Individual Consumer Debtors: Fresh Start Or False Start?, Cheri L. Cohen
Chapter 11 For Individual Consumer Debtors: Fresh Start Or False Start?, Cheri L. Cohen
Northern Illinois University Law Review
This commentary examines the implications for consumer debtors filing for bankruptcy relief under chapter 11. This option was made available to all consumer debtors in the Supreme Court decision of Toibb v. Radloff. The author contends that the consumer debtor will only obtain a false start, instead of a fresh start, by turning to chapter 11 for the sought-after relief.
Bankruptcy Officials Vs. The Internal Revenue Service: The Beat Goes On, Craig J. Langstraat, K. Dianne Jackson
Bankruptcy Officials Vs. The Internal Revenue Service: The Beat Goes On, Craig J. Langstraat, K. Dianne Jackson
Akron Tax Journal
This author has previously addressed several areas of conflict between bankruptcy officials; i.e., trustees and judges, and the Internal Revenue Service ("IRS"). Due to continued litigation, both in the U.S. Supreme Court and in certain federal courts of appeal, some of these areas will be reevaluated in this article. In addition, new areas of conflict resulting in litigation in various levels of the federal court system will be discussed. Policy and statutory modifications will be suggested to alleviate the growing costly burden of litigation.
Shareholder Control Rights In Bankruptcy: Disassembling The Withering Mirage Of Corporate Democracy, Thomas G. Kelch
Shareholder Control Rights In Bankruptcy: Disassembling The Withering Mirage Of Corporate Democracy, Thomas G. Kelch
Maryland Law Review
No abstract provided.
Setoff And Bankruptcy, Lawrence Kalevitch
Setoff And Bankruptcy, Lawrence Kalevitch
Cleveland State Law Review
The code treats liens and setoffs as secured claims. A lienor under §506 receives a secured claim in the face amount of the debt secured only if the collateral has at least that value. Section 506(a) requires collateral valuation to determine the amount of the secured claim. Setoff in the face amount of a creditor's claim likewise requires valuation. Part II discusses §506(a) and §553 and how they may limit, in appropriate cases, the setoff right to less than the face amount of a creditor's claim. Part II shows that this reading of the Bankruptcy Code is not only consistent …
Wysko Investment Company V. Great American Bank: A New Attack On The Usefulness Of Letters Of Credit, Robert Jay Gavigan
Wysko Investment Company V. Great American Bank: A New Attack On The Usefulness Of Letters Of Credit, Robert Jay Gavigan
Northwestern Journal of International Law & Business
The letter of credit has long been accepted as a valuable instrument of assured payment in international business. In Wysko Investment v. Great American Bank, however, an Arizona district court jeopardized the usefulness of the letter of credit transaction by enjoining payment to the beneficiary after the issuing party became insolvent.' This note addresses the issue of whether a bankruptcy court has the power to enjoin payment of a letter of credit issued by the debtor's principal, pursuant to 11 U.S.C. § 105(a), when the court finds the injunction necessary for the debtor's reorganization. Further, this note examines whether such …
Section 365 Versus 362: Applying The Automatic Stay To Prevent Unilateral Termination In A Bankruptcy Setting, Robert J. Verga
Section 365 Versus 362: Applying The Automatic Stay To Prevent Unilateral Termination In A Bankruptcy Setting, Robert J. Verga
Fordham Law Review
No abstract provided.
In Re Grabill Corporation: Another No For Jury Trials In The Bankruptcy Courts, William J. Delany
In Re Grabill Corporation: Another No For Jury Trials In The Bankruptcy Courts, William J. Delany
Villanova Law Review
No abstract provided.