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Full-Text Articles in Bankruptcy Law
The Myths Of Going Concern Valuations, Jack F. Williams
The Myths Of Going Concern Valuations, Jack F. Williams
Jack F. Williams
No abstract provided.
Daubert And Financial Expert Testimony In Bankruptcy Courts, Jack F. Williams
Daubert And Financial Expert Testimony In Bankruptcy Courts, Jack F. Williams
Jack F. Williams
No abstract provided.
Oral History: The Honorable J. Rich Leonard, Retired, J. Rich Leonard
Oral History: The Honorable J. Rich Leonard, Retired, J. Rich Leonard
J. Rich Leonard
This is part one of a video featuring Dean Leonard giving an oral history of his tenure as United States Bankruptcy Judge for the Eastern District of North Carolina.
Oral History: The Honorable J. Rich Leonard, Retired (Part 2), J. Rich Leonard
Oral History: The Honorable J. Rich Leonard, Retired (Part 2), J. Rich Leonard
J. Rich Leonard
Part two of Dean Leonard's oral history video.
Equity - Election Of Remedies - Proof Of Claim In Receivership
Equity - Election Of Remedies - Proof Of Claim In Receivership
Michigan Law Review
Plaintiff sold certain chattels under a conditional sales agreement to a partnership which later went into receivership. The purchase price not having been paid, plaintiff filed a general claim with the receiver, which was allowed. Six months later, no dividend having been paid, plaintiff filed a petition to have the general claim withdrawn and a preferred one substituted, based on the title-retaining contract. The court held that by filing and allowance of the general claim plaintiff made a final election between inconsistent remedies which barred rescission and restitution of the specific property. The court held that the inexperience of plaintiff's …
Contracts - Fraud - Implied Representation Of Solvency
Contracts - Fraud - Implied Representation Of Solvency
Michigan Law Review
Defendant, a wholesale grocer, had been losing steadily for months by selling below cost, and had assets of $83,000 against liabilities of $140,000 on Nov. 21, 1929. On that date he accepted a 90-day trade acceptance drawn by claimant for cases of tomato paste which he had ordered, and which claimant now seeks to reclaim on the ground of fraud. On December 3 defendant obtained the goods, and the next day went into involuntary bankruptcy. Held, that the buyer's promise to pay implies belief in reasonable ability to pay, and that concealment of belief to the contrary is fraud …