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Full-Text Articles in Law

Postpetition Security Interests Under The Bankruptcy Code, David G. Carlson Feb 1993

Postpetition Security Interests Under The Bankruptcy Code, David G. Carlson

Articles

Section 364(c) and (d) of the Bankruptcy Code provides for the creation of security interests in real and personal property under federal law. In this Article, David Gray Carlson discusses the quality and nature of these federal security interests, their remarkable immunity from reversal on appeal, and the ability of postpetition lenders to obtain preferences over other creditors through "cross-collateralization" clauses and the like.


Revising Article 9 To Reduce Wasteful Litigation, James J. White Jan 1993

Revising Article 9 To Reduce Wasteful Litigation, James J. White

Articles

For reasons that are unclear to me, the committees reviewing the articles of the Uniform Commercial Code and drafting revisions are congenitally conservative. Perhaps these committees take their charge too seriously, namely, to revise, not to revolutionize. Perhaps their intimate knowledge of the subject matter exaggerates the importance of each section and consequently magnifies the apparent size of every change. In any case, my own experience with two such committees tells me that the members quickly become focused on revisions and amendments that any outsider would describe as modest. To the extent that the revision of any of the articles …


Suretyship On The Fringe: Suretyship By Operation Of Law And By Analogy, D. Benjamin Beard Jan 1993

Suretyship On The Fringe: Suretyship By Operation Of Law And By Analogy, D. Benjamin Beard

Articles

No abstract provided.