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Articles 1 - 21 of 21
Full-Text Articles in Law
Real Property In Bankruptcy: Some Special Considerations, G. Stanley Joslin
Real Property In Bankruptcy: Some Special Considerations, G. Stanley Joslin
Washington and Lee Law Review
No abstract provided.
The Constitutional Limits Of Bankruptcy, Thomas E. Plank
The Constitutional Limits Of Bankruptcy, Thomas E. Plank
Scholarly Works
No abstract provided.
Protective Orders In The Bankruptcy Court: The Congressional Mandate Of Bankruptcy Code Section 107 And Its Constitutional Implications, Michelle M. Harner, William T. Bodoh
Protective Orders In The Bankruptcy Court: The Congressional Mandate Of Bankruptcy Code Section 107 And Its Constitutional Implications, Michelle M. Harner, William T. Bodoh
Faculty Scholarship
No abstract provided.
Chapter 11 Case Management And Delay Reduction: An Empirical Study, Samuel Bufford
Chapter 11 Case Management And Delay Reduction: An Empirical Study, Samuel Bufford
Journal Articles
Chapter 11 bankruptcy cases will drag on interminably if judges let them. The recent nine-month O.J. Simpson trial was short compared to the careers of some chapter 11 bankruptcy cases. The typical duration of chapter 11 cases can be reduced remarkably, however, through moderate judicial case management.
The data in this study show that relatively modest judicial case management can squeeze a substantial amount of delay out of chapter 11 cases within the context of the present bankruptcy law. The case management program in this study, applied to 81.2% of the chapter 11 case load, shortened by 24.1% the time …
Bankruptcy Law In European Countries Emerging From Communism: The Special Legal And Economic Challenges, Samuel Bufford
Bankruptcy Law In European Countries Emerging From Communism: The Special Legal And Economic Challenges, Samuel Bufford
Journal Articles
Bankruptcy law is developing rapidly in the countries of Central and Eastern Europe (CEE) that have recently escaped the domination of the Union of Soviet Socialist Republics (USSR). The communist governments fell in those countries that were separate from the USSR in 1989, and those countries that were a part of the USSR gained their independence and acquired new non-communist governments in 1989 (the Baltic states) and 1991 (Ukraine, Belarus, Moldova, and Russia). While many other areas of law that are basic to the development of a market economy need substantial development or revision, bankruptcy law is leading the way, …
The Lessons Of Maxwell Communication, Jay Lawrence Westbrook
The Lessons Of Maxwell Communication, Jay Lawrence Westbrook
Fordham Law Review
No abstract provided.
Relief Under Section 304 Of The Bankruptcy Code: Clarifying The Principal Role Of Comity In Transnational Insolvencies, Stuart A. Krause, Peter Janovsky, Marc A. Lebowitz
Relief Under Section 304 Of The Bankruptcy Code: Clarifying The Principal Role Of Comity In Transnational Insolvencies, Stuart A. Krause, Peter Janovsky, Marc A. Lebowitz
Fordham Law Review
No abstract provided.
Steering The Most Appropriate Course Between Admiralty And Insolvency: Why An International Insolvency Treaty Should Recognize The Primacy Of Admiralty Law Over Maritime Assets, Melissa K.S. Alwang
Steering The Most Appropriate Course Between Admiralty And Insolvency: Why An International Insolvency Treaty Should Recognize The Primacy Of Admiralty Law Over Maritime Assets, Melissa K.S. Alwang
Fordham Law Review
No abstract provided.
When Nonuse Is Useful: Bankruptcy Law In Post-Communist Central And Eastern Europe, Michael Kim
When Nonuse Is Useful: Bankruptcy Law In Post-Communist Central And Eastern Europe, Michael Kim
Fordham Law Review
No abstract provided.
Ladies In Red: Learning From America's First Female Bankrupts, Marie Stefanini Newman
Ladies In Red: Learning From America's First Female Bankrupts, Marie Stefanini Newman
Elisabeth Haub School of Law Faculty Publications
Several years ago, the Honorable Joyce Bihary, a bankruptcy judge in Atlanta, Georgia, asked me3 why our country's first bankruptcy law specifically referred to debtors using “he” or “she” rather than a gender-neutral noun (such as “bankrupts”) or the male possessive pronoun “he.” Implicitly, she was also asking whether there were any women debtors under our early bankruptcy laws. Although I had read the Bankruptcy Act of 1800 more than once, I did not recollect its use of these gender-inclusive pronouns. Nor did I know why the Act employed them. Despite having given considerable thought to contemporary women in debt, …
Harmonization Of International Bankruptcy Law: A United States Perspective, Harold S. Burman
Harmonization Of International Bankruptcy Law: A United States Perspective, Harold S. Burman
Fordham Law Review
No abstract provided.
Cross-Border Insolvency: A British Perspective, Leonard Hoffman
Cross-Border Insolvency: A British Perspective, Leonard Hoffman
Fordham Law Review
No abstract provided.
Assessing Modern Bankruptcy Law: An Example Of Justice, Veryl Victoria Miles
Assessing Modern Bankruptcy Law: An Example Of Justice, Veryl Victoria Miles
Santa Clara Law Review
No abstract provided.
Discourse And Discharge: Linguistic Analysis And Abuse Of The "Exemption By Declaration" Process In Bankruptcy, Kenneth D. Ferguson
Discourse And Discharge: Linguistic Analysis And Abuse Of The "Exemption By Declaration" Process In Bankruptcy, Kenneth D. Ferguson
Faculty Works
In Taylor v. Freeland & Kronz, the United States Supreme Court interpreted section 522(1) of the Bankruptcy Code according to its "plain meaning" and permitted a debtor to exempt $110,000 that was ineligible for exemption under substantive exemption law. The decision of the Court was premised on the fact that there was no timely objection to the claim of exemption. Although conceding that its decision might tempt debtors to claim exemptions in property ineligible for exemption on the chance that the trustee and creditors would fail to object in time, the Court cataloged a number of other remedies, including denial …
Avoiding Judicial Wrath: The Ten Commandments For Bankruptcy Practitioners, Nancy B. Rapoport
Avoiding Judicial Wrath: The Ten Commandments For Bankruptcy Practitioners, Nancy B. Rapoport
Scholarly Works
This article describes the top ten duties for bankruptcy lawyers. 1. Know the purpose(s) of the Bankruptcy Code. 2. Know the facts and the law. 3. Spend time crafting your arguments. 4. Don't lie (about conflicts of interest or about controlling law). 5. Be respectful (of other lawyers, of the system, and of other participants in the system). 6. Don't indulge your client's sleazy instincts. 7. Don't escalate a conflict unnecessarily. 8. Honor your calendar. 9. Keep your client informed. 10. Don't whine.
A Comment About A Separate Bankruptcy System, Carl Felsenfeld
A Comment About A Separate Bankruptcy System, Carl Felsenfeld
Fordham Law Review
No abstract provided.
Security Interests On Exempt Property After The 1994 Amendments To The Bankruptcy Code, David G. Carlson
Security Interests On Exempt Property After The 1994 Amendments To The Bankruptcy Code, David G. Carlson
Articles
No abstract provided.
Redemption And Reinstatement In Chapter 7 Cases, David G. Carlson
Redemption And Reinstatement In Chapter 7 Cases, David G. Carlson
Articles
No abstract provided.
Car Wars: Valuation Standards In Chapter 13 Bankruptcy Cases, David G. Carlson
Car Wars: Valuation Standards In Chapter 13 Bankruptcy Cases, David G. Carlson
Articles
No abstract provided.
Confirmation And Claims Trading, Frederick Tung
Confirmation And Claims Trading, Frederick Tung
Faculty Scholarship
The buying and selling of claims against companies in financial distress is not a new phenomenon. In times of financial distress, liquidity has always commanded a profit. However, the late 1980s and early 1990s saw the first significant trading of claims under Chapter 11 of the Bankruptcy Code, our relatively new and novel system of corporate reorganization. Traditionally scorned by the financial establishment, distress investment came into vogue with the "megabankruptcies" that followed in the wake of the leveraged buyout boom of the 1980s. With its prospects for huge profits, claims trading in Chapter 11 became a Wall Street staple. …
A Mortgage By Any Other Name: A Plea For The Uniform Treatment Of Installment Land Contracts And Mortgages Under The Bankruptcy Code, Juliet M. Moringiello
A Mortgage By Any Other Name: A Plea For The Uniform Treatment Of Installment Land Contracts And Mortgages Under The Bankruptcy Code, Juliet M. Moringiello
Juliet M. Moringiello
No abstract provided.