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1994

Bankruptcy Law

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Articles 1 - 30 of 78

Full-Text Articles in Law

Bankruptcy Reform, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Gene Humphreys, W. Thomas Bunch, Thomas L. Canary, David M. Cantor, Tracey N. Wise, Meritt S. Dietz, Phillip M. Moloney, Jeffrey W. Morris, John S. Egan, Sandra D. Freeburger, Randy D. Shaw Dec 1994

Bankruptcy Reform, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Gene Humphreys, W. Thomas Bunch, Thomas L. Canary, David M. Cantor, Tracey N. Wise, Meritt S. Dietz, Phillip M. Moloney, Jeffrey W. Morris, John S. Egan, Sandra D. Freeburger, Randy D. Shaw

Continuing Legal Education Materials

Presentation materials from the Bankruptcy Reform Course held by UK/CLE in December 1994.


Revised Ucc Article 8: Why It's Needed, What It Does, James S. Rogers Nov 1994

Revised Ucc Article 8: Why It's Needed, What It Does, James S. Rogers

James S. Rogers

No abstract provided.


The Unsecured Creditor's Bargain: An Essay In Reply, Reprisal, Or Support?, F. Stephen Knippenberg Oct 1994

The Unsecured Creditor's Bargain: An Essay In Reply, Reprisal, Or Support?, F. Stephen Knippenberg

F. Stephen Knippenberg

No abstract provided.


The Rtc Intrusion Into Bankruptcy: A Crisis Solution At The Expense Of Equity?, Hope W. Olsson Oct 1994

The Rtc Intrusion Into Bankruptcy: A Crisis Solution At The Expense Of Equity?, Hope W. Olsson

Buffalo Law Review

No abstract provided.


Differing Perceptions Of Attorney Fees In Bankruptcy Cases, Theodore Eisenberg Oct 1994

Differing Perceptions Of Attorney Fees In Bankruptcy Cases, Theodore Eisenberg

Cornell Law Faculty Publications


Bankruptcy—Excusable Neglect—Late Filings Of Bankruptcy Proofs Of Claims Are Not Limited To Those Beyond The Filer's Ability To Control. Pioneer Inv. Servs. Co. V. Brunswick Assoc. Ltd. Partnership, 113 S. Ct. 1489 (1993)., Sue Patton Mosley Oct 1994

Bankruptcy—Excusable Neglect—Late Filings Of Bankruptcy Proofs Of Claims Are Not Limited To Those Beyond The Filer's Ability To Control. Pioneer Inv. Servs. Co. V. Brunswick Assoc. Ltd. Partnership, 113 S. Ct. 1489 (1993)., Sue Patton Mosley

University of Arkansas at Little Rock Law Review

No abstract provided.


The Value Of Obvious Empirical Results And The Omniscient Mr. Palans: Response To Mr. Palans' Comments, Theodore Eisenberg Oct 1994

The Value Of Obvious Empirical Results And The Omniscient Mr. Palans: Response To Mr. Palans' Comments, Theodore Eisenberg

Cornell Law Faculty Publications

Mr. Palans' comment raises one worthwhile question. Most of the rest of his rant is either off the subject or too shallow to warrant extended discussion. The useful question Mr. Palans raises is whether this research is of value. The article did not defend this mode of work; perhaps I am too immersed in it to always keep in mind the merits of discussing the question. So let me spell out its benefits here.


Beyond G30: Update: A New Approach To The Commercial Law Of Securities Holding Through Intermediaries: The Proposed Revisions Of Article 8 Of The United States Uniform Commercial Code, James S. Rogers Sep 1994

Beyond G30: Update: A New Approach To The Commercial Law Of Securities Holding Through Intermediaries: The Proposed Revisions Of Article 8 Of The United States Uniform Commercial Code, James S. Rogers

Boston College Law School Faculty Papers

No abstract provided.


Bfp V. Resolution Trust Corporation: Supreme Court Shifts Focus Onto State Law In Ruling On Mortgage Foreclosure Sales, Audy M. Perry Jr. Sep 1994

Bfp V. Resolution Trust Corporation: Supreme Court Shifts Focus Onto State Law In Ruling On Mortgage Foreclosure Sales, Audy M. Perry Jr.

West Virginia Law Review

No abstract provided.


Beyond G30: Update: A New Approach To The Commercial Law Of Securities Holding Through Intermediaries: The Proposed Revisions Of Article 8 Of The United States Uniform Commercial Code, James S. Rogers Aug 1994

Beyond G30: Update: A New Approach To The Commercial Law Of Securities Holding Through Intermediaries: The Proposed Revisions Of Article 8 Of The United States Uniform Commercial Code, James S. Rogers

James S. Rogers

No abstract provided.


The Equal Access To Justice Act--Are The Bankruptcy Courts Less Equal Than Others?, Matthew J. Fischer Jun 1994

The Equal Access To Justice Act--Are The Bankruptcy Courts Less Equal Than Others?, Matthew J. Fischer

Michigan Law Review

This Note argues that the bankruptcy courts have authority under the BAJA to shift fees against the federal government. Part I discusses the relevant caselaw and examines the basis of the current controversy. Part II examines the statutory language, the legislative history, and the stated purposes of the BAJA and concludes that each of these aspects of the statute demonstrates a congressional intent to grant fee-shifting authority to the bankruptcy courts. Part III considers alternatives to finding bankruptcy court jurisdiction over BAJA disputes, rejecting each as inefficient and unnecessary. This Note concludes that courts should construe the BAJA consistently with ...


Consumer Bankruptcy: A Roundtable Discussion, Janice E. Kosel Apr 1994

Consumer Bankruptcy: A Roundtable Discussion, Janice E. Kosel

Publications

No abstract provided.


The Treatment Of Net Rents In Bankruptcy-Adequate Protection, Payment Of Interest, Return Of Collateral, Or Reduction Of Debt, Craig H. Averch, Blake L. Berryman, Michael J. Collins Apr 1994

The Treatment Of Net Rents In Bankruptcy-Adequate Protection, Payment Of Interest, Return Of Collateral, Or Reduction Of Debt, Craig H. Averch, Blake L. Berryman, Michael J. Collins

University of Miami Law Review

No abstract provided.


Bankruptcy, Lenity, And The Statutory Interpretation Of Cognate Civil And Criminal Statutes, Bruce A. Markell Apr 1994

Bankruptcy, Lenity, And The Statutory Interpretation Of Cognate Civil And Criminal Statutes, Bruce A. Markell

Indiana Law Journal

No abstract provided.


Attorney's Fees In Chapter 11 Reorganization: A Case For Modified Procedures, Brenda Hacker Osborne Apr 1994

Attorney's Fees In Chapter 11 Reorganization: A Case For Modified Procedures, Brenda Hacker Osborne

Indiana Law Journal

No abstract provided.


The Continuing Puzzle Of Collective Bargaining Agreements In Bankruptcy, Daniel Keating Feb 1994

The Continuing Puzzle Of Collective Bargaining Agreements In Bankruptcy, Daniel Keating

William & Mary Law Review

No abstract provided.


Postpetition Lending Under Section 364: Current Issues - Incentives To Lenders To Provide Financing To Borrowers Who Are The Subject Of Bankruptcy Cases, David G. Epstein Jan 1994

Postpetition Lending Under Section 364: Current Issues - Incentives To Lenders To Provide Financing To Borrowers Who Are The Subject Of Bankruptcy Cases, David G. Epstein

Law Faculty Publications

A bankruptcy debtor is not viewed by most lenders as a desirable customer. Most lenders arc understandably reluctant to extend credit to such a borrower. This reluctance compounds the difficulties of a bankruptcy debtor. Without new financing, the cash needs of a debtor often will cause the debtor's assets to be liquidated, thereby foreclosing any hope of reorganization and defeating the rehabilitative purposes of the Bankruptcy Code. To counter the understandable reluctance of financial institutions to lend to bankruptcy debtors, section 364 of the Bankruptcy Code provides incentives to lenders to provide financing to borrowers who are the subject ...


Memorial Service, Judge Justin J. Mahoney, Roger J. Miner '56 Jan 1994

Memorial Service, Judge Justin J. Mahoney, Roger J. Miner '56

Judges

No abstract provided.


Taking Community Interests Into Account In Bankruptcy: An Essay, Karen Gross Jan 1994

Taking Community Interests Into Account In Bankruptcy: An Essay, Karen Gross

Washington University Law Review

I seek to identify and then critique the premises that appear to underlie the conclusion that community interests have no place in the debate about bankruptcy.


Commentary On Boshkoff, Some Gloomy Thoughts Concerning Cross-Border Insolvencies, Ian F. Fletcher Jan 1994

Commentary On Boshkoff, Some Gloomy Thoughts Concerning Cross-Border Insolvencies, Ian F. Fletcher

Washington University Law Review

The fruits of long experience suggest that caution and skepticism are essential qualities of mind with which to approach the phenomenon of cross-border insolvency and the multiple problems generated thereby. Pessimism may thus be acknowledged as closely akin to realism for the current purpose.


Comment: A More Optimistic View Of Cross-Border Insolvency, Jay Lawrence Westbrook Jan 1994

Comment: A More Optimistic View Of Cross-Border Insolvency, Jay Lawrence Westbrook

Washington University Law Review

In re Axona and In re Maxwell Communication Corp, along with other cases in other jurisdictions, demonstrate a remarkable level of cooperation in international insolvency in comparison with the discouraging results accepted as inevitable just a few years ago. When one considers these concrete results in the courts in conjunction with the rapidly expanding international initiatives for reform in this field, the prospects seem distinctly ungloomy.


The Administrative Freeze And The Automatic Stay: A New Perspective, Scott Temple Silverman Jan 1994

The Administrative Freeze And The Automatic Stay: A New Perspective, Scott Temple Silverman

Washington University Law Review

No abstract provided.


Discussion Of Improving Bankruptcy Procedure By Philippe Aghion, Oliver Hart, And John Moore, Philip H. Dybvig Jan 1994

Discussion Of Improving Bankruptcy Procedure By Philippe Aghion, Oliver Hart, And John Moore, Philip H. Dybvig

Washington University Law Review

By bringing together a wide range of bankruptcy scholars and practitioners, this Conference has made very clear the broad extent of opinions about current bankruptcy law. One extreme view suggests bankruptcy is a mysterious and wonderful process that has many benefits that are difficult or impossible to quantify or enumerate. A polar extreme view, presented in the paper I am discussing by Aghion, Hart, and Moore (AHM), is that bankruptcy is a complicated and costly solution to a very simple problem. I suspect the truth (or at least the most useful view of the world) lies between the two extremes ...


Foreword: A Bankruptcy Conference For The '90s, Daniel L. Keating Jan 1994

Foreword: A Bankruptcy Conference For The '90s, Daniel L. Keating

Washington University Law Review

This Symposium presents the papers and commentary that served as the basis for the lively exchange of the Conference itself. The Conference was held at the John M. Olin School of Business, Washington University, on February 25 and 26, 1994. The Conference was sponsored by the Washington University School of Law, and was funded in part through grants from the National Conference of Bankruptcy Judges' Endowment for Education and from the Business, Law, and Economics Center of the Olin School of Business at Washington University.


What Is Right About Bankruptcy Law And Wrong About Its Critics, Samuel L. Bufford Jan 1994

What Is Right About Bankruptcy Law And Wrong About Its Critics, Samuel L. Bufford

Washington University Law Review

My comments in this paper focus on the papers in this Symposium by Professors Barry Adler; James Bowers; and Philippe Aghion, Oliver Hart and John Moore (Aghion-Hart-Moore) I argue that the central points of these papers are gravely mistaken because they completely misunderstand the character of the bankruptcy caseload and procedures, they ignore some important purposes of bankruptcy reorganization, and they misstate the success rate for reorganizations. I have chosen these papers for comment for two reasons: they recommend radical changes in bankruptcy law, and they are based on the thinnest knowledge of bankruptcy practice. Incidentally, they also all take ...


Commentary On Aghion, Hart, And Moore, Improving Bankruptcy Procedure, Ian F. Fletcher Jan 1994

Commentary On Aghion, Hart, And Moore, Improving Bankruptcy Procedure, Ian F. Fletcher

Washington University Law Review

I would consider it most unlikely that their radical model for determining the fate of insolvent companies will be incorporated into any legislative proposals that emerge from the current review. From the standpoint of most of the interested parties involved in the operation of U.K. insolvency law, Aghion, Hart, and Moore's suggested process of mandatory transubstantiation, whereby debt is converted into equity "on the stroke of midnight," as it were, is likely to prove too daunting both in conceptual and in practical terms.


Through Chapter 11 With Gun Or Camera, But Probably Not Both: A Field Guide, John D. Ayer Jan 1994

Through Chapter 11 With Gun Or Camera, But Probably Not Both: A Field Guide, John D. Ayer

Washington University Law Review

The purpose of this Article is to offer some clarification in the interest of complication.


The Reorganization Of Closely Held Firms And The “Opt Out” Problem, Douglas G. Baird Jan 1994

The Reorganization Of Closely Held Firms And The “Opt Out” Problem, Douglas G. Baird

Washington University Law Review

This Article argues that the ability of parties to shape their investments in firms is responsible for the small costs of bankruptcy. The paper focuses on how investors can minimize the costs of bankruptcy even when they do not take steps to avoid it altogether.


A World Without Debt, Barry E. Adler Jan 1994

A World Without Debt, Barry E. Adler

Washington University Law Review

In Part I of this essay, I give a brief description of the collective action problem that Baird identifies as the bankruptcy issue for corporate debtors. In Part II, I explain why I believe there is no collective action problem and give what I believe is an essentially simple explanation of a world without debt. In Part III, I respond directly to the criticisms of a world without debt. Finally, in Part IV, I admit the limits inherent in my view of appropriate bankruptcy policy.


The Value Of Obvious Empirical Results And The Omniscient Mr. Palans: Response To Mr. Palans' Comments, Theodore Eisenberg Jan 1994

The Value Of Obvious Empirical Results And The Omniscient Mr. Palans: Response To Mr. Palans' Comments, Theodore Eisenberg

Washington University Law Review

The Article did not defend this mode of work; perhaps I am too immersed in it to always keep in mind the merits of discussing the question. So let me spell out its benefits here.