Law Commons^™

Federal Tax Liens In Bankruptcy, Pierre R. Loiseaux

Vanderbilt Law Review

In this article, the author considers the peculiarly preferred position of the tax lien under section 67 of the Bankruptcy Act. From his consideration of the position of the trustee and the claim of the government he concludes that the law as presently applied is inequitable. He advocates that the government's secret lien be held invalid against the trustee, that the inchoate lien doctrine should not be applied in bankruptcy, and that the doctrine of Moore v. Bay be modified.

Selected Materials On The Literature Of Bankruptcy, Roy Mersky

Vanderbilt Law Review

Charles Warren, in his book Bankruptcy in United States History, opens the first chapter with a statement that would discourage most lawyers interested in developing a practice in bankruptcy: "The subject of bankruptcy is gloomy and depressing in that the law of bankruptcy is dry and discouraging." However, a federal bankruptcy law has been on the statute books continuously since 1898, and it is safe to assume that barring a nuclear war, legal problems dealing with bankruptcy will continue for along time in the future.

Arrangements And Wage Earner Plans: Proceedings Under Chapters Xi And Xiii, Sydney Krause

Vanderbilt Law Review

In this article, Mr. Krause considers the practical problems confronting the attorney who conducts proceedings under chapters 11 and 13 of the Bankruptcy Act. The article is a revision of remarks made by Mr. Krause at the Institute on Debtor-Creditor Relations held at the Vanderbilt University School of Law on November 11, 1961. While a number of changes have been made in the remarks, the author has retained, insofar as possible, the original flavor of the address.

Preferences Under The Bankruptcy Act, Charles Seligson

Vanderbilt Law Review

The Bankruptcy Act allows the trustee in bankruptcy to avoid the effect of certain transactions entered into by the debtor on the ground that these transactions give some creditors a preference. In this article, Mr. Seligson examines section 60 of the Bankruptcy Act to determine when this can be done. He discusses the elements of preferential transfers, the problems of proof, the relationship between state and federal law, and the manner in which the statutory provisions have been applied by the courts.

Determination Of The Effect Of A Discharge In Bankruptcy, T. A. Smedley

Vanderbilt Law Review

This article examines the operation of the system under which the granting of the discharge is the function of the bankruptcy court but the construction of the effect of the discharge falls within the power of any court in which a creditor happens to bring suit to enforce an obligation of the bankrupt. The customary practice of leaving to the lower state courts the task of determining the dischargeability of specific debts is evaluated, and the bases for having this determination made in the bankruptcy court instead are explored.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Bankruptcy--Assets--Trustee's Rights Under 70(c) Ascertained at Date of Bankruptcy Rather than Anterior Point of Time

====================================

Contempt--Publisher Not in Contempt for Newspaper Articles Which He reasonably did not believe would interfere with Trial

====================================

Federal Procedure--Erie Doctrine--Impeachment Evidence not Outcome--Determinative

=====================================

Jurisdiction--Federal Death on High Seas Act Grants Exclusive Jurisdiction to Federal Courts

Bankruptcy--Life Insurance--Trustee Not Entitled To Case Surrender Value Of Policy, Arthur Mark Recht

West Virginia Law Review

No abstract provided.