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The Bankruptcy Trust As A Legal Person, Thomas E. Plank
The Bankruptcy Trust As A Legal Person, Thomas E. Plank
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The purpose of this article is to show how the Bankruptcy Code authorizes the creation of the bankruptcy trust as a legal person. The filing of a petition under the Bankruptcy Code creates an "estate" consisting of enumerated property interests. The Code also provides for the appointment of a trustee-a separate bankruptcy trustee or, in chapter 11 or chapter 12 cases, the debtor in possession-with broad powers to act as the representative of the estate. The Code does not, however, expressly define the status of the estate as a legal entity. Although the Code occasionally speaks of the estate as …
The Creditor In Possession Under The Bankruptcy Code: History, Text, And Policy, Thomas E. Plank
The Creditor In Possession Under The Bankruptcy Code: History, Text, And Policy, Thomas E. Plank
Scholarly Works
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