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Articles 1 - 13 of 13
Full-Text Articles in Bankruptcy Law
Premerger Review And Bankruptcy: The Meaning Of Section 363(B)(2), Robert B. Greenbaum, Alan J. Meese
Premerger Review And Bankruptcy: The Meaning Of Section 363(B)(2), Robert B. Greenbaum, Alan J. Meese
Alan J. Meese
No abstract provided.
Unexpired Leases In Bankruptcy: Rights Of The Affected Mortgagee, Peter A. Alces
Unexpired Leases In Bankruptcy: Rights Of The Affected Mortgagee, Peter A. Alces
Peter A. Alces
No abstract provided.
If You Don't Have Anything Good To Say..., Peter A. Alces
If You Don't Have Anything Good To Say..., Peter A. Alces
Peter A. Alces
No abstract provided.
Clearer Conceptions Of Insider Preferences, Peter A. Alces
Clearer Conceptions Of Insider Preferences, Peter A. Alces
Peter A. Alces
No abstract provided.
Delaware Is Not A State: Are We Witnessing Jurisdictional Competition In Bankruptcy, G. Marcus Cole
Delaware Is Not A State: Are We Witnessing Jurisdictional Competition In Bankruptcy, G. Marcus Cole
G. Marcus Cole
Over the last twelve years, the United States District Court for the District of Delaware has experienced exponential growth in the number of bankruptcy filings for large corporate debtors. This relatively recent rise in Delaware bankruptcy venue cannot, on its face, be explained by Delaware's eighty-five-year preeminence in the race for corporate charters, since the advantages most often postulated for Delaware's dominance in corporate law do not carry over to corporate bankruptcy. The state has limited influence over federal bankruptcy law and virtually no control over the selection of federal bankruptcy judges.
This rise of Delaware bankruptcy venue, or Delawarization …
Limiting Liability Through Bankruptcy, G. Marcus Cole
Limiting Liability Through Bankruptcy, G. Marcus Cole
G. Marcus Cole
The purpose of this Article is to expose that function of bankruptcy law that distinguished it from English and Colonial insolvency law, and to determine the scope of and need for bankruptcy law to perform that function in contemporary society. I posit that the distinguishing character of bankruptcy law was, and continues to be, its ability to serve as a temporal asset partitioning device. By asset partition, I mean the ability of a structure to sequester the assets of an owner of an enterprise from the reach of the creditors of that enterprise, or the assets of the enterprise from …
Anna Nicole Smith Goes Shopping: The New Forum-Shopping Problem In Bankruptcy, G. Marcus Cole, Todd J. Zywicki
Anna Nicole Smith Goes Shopping: The New Forum-Shopping Problem In Bankruptcy, G. Marcus Cole, Todd J. Zywicki
G. Marcus Cole
In the United States, relations between debtors and their creditors are governed by two distinct legal regimes. For the overwhelming majority of credit relationships, state law of contract, property, tort, and consumer protection set up the framework within which the debtor-creditor relationship is established, functions, and in the end, is dissolved. In a smaller but significant number of these relationships, a different forum orchestrates the end of these relationships, namely, federal bankruptcy court. These two distinct forums for debtor-creditor relations coexist side by side, with some disputes moving over time from one forum to the other. As with any system …
Consumer Bankruptcy, Nondischargeability, And Penal Debt, Abbye Atkinson
Consumer Bankruptcy, Nondischargeability, And Penal Debt, Abbye Atkinson
Abbye Atkinson
This Article examines the issue of categorically nondischargeable debts in the Bankruptcy Code. These debts are excepted from discharge ostensibly because they indicate that the debtor incurred the debt through some misconduct, there is an important public policy at play that requires the debt to be excepted from discharge, or a discharge of certain state-imposed debts raises federalism concerns. Using penal debt as its lens, this Article critiques these analytical frames, arguing that they do not do much work to help explain why some debts are treated as categorically nondischargeable while others that seem to implicate the same concerns are …
The Looming Chapter 9 Battle Over State Protection Of Vested Public Employee Pension Benefits, Mark S, Kaufman, Summer B. Chandler
The Looming Chapter 9 Battle Over State Protection Of Vested Public Employee Pension Benefits, Mark S, Kaufman, Summer B. Chandler
Summer Chandler
"For years, observers have warned of the looming threat of unfunded pension liabilities. Some dubbed the danger the “pension tsunami,” and it has hit an increasing number of U.S. cities, including Vallejo, Stockton and San Bernardino in California and the city of Detroit, which have sought chapter 9 relief in bankruptcy court.1 Despite the attention given to these cases, chapter 9 filings are relatively scarce, and many significant issues remain to be resolved by the courts. One unanswered question is whether a municipal debtor in bankruptcy can propose to pay its pension debt2 less than in full, even …
Is It Fair To Discriminate In Favor Of Pensioners In A Chapter 11 Plan?, Summer B. Chandler
Is It Fair To Discriminate In Favor Of Pensioners In A Chapter 11 Plan?, Summer B. Chandler
Summer Chandler
“A number of U.S. cities are plagued with debt obligations that cannot be met. As municipalities1 have turned to chapter 9 protection to ease their financial burdens, various creditor constituencies have found themselves pitted against each other as they realize that they might be forced to share a finite amount of assets and funds that are insufficient to cover all of the a municipality’s debts. The ultimate goal of a chapter 9 filing is the confirmation of an adjustment plan that implements a feasible and comprehensive restructuring of a municipality’s obligations. A municipality’s proposed plan must be approved by …
Maybe Taxes Aren't So Certain: What Is "Fair And Equitable" In A Chapter 9 Plan?, B. Summer Chandler, Mark S. Kaufman
Maybe Taxes Aren't So Certain: What Is "Fair And Equitable" In A Chapter 9 Plan?, B. Summer Chandler, Mark S. Kaufman
Summer Chandler
"Many U.S. cities and other municipalities are struggling under crippling financial demands. Buckling under the financial strain, a number of municipalities are considering an option that, just a few short years ago, was almost unheard of—filing for bankruptcy protection. Assuming that eligibility requirements are met, a municipality1 may seek bankruptcy protection under chapter 9 of title 11 of the Bankruptcy Code. Historically, chapter 9 filings have been rare, with typically less than 10 such filings annually.2 In recent months, however, a number of chapter 9 cases have been filed.3 In addition to the rise in the number …
It’S All Going To Pot Is Relief Available For Debtors In The Marijuana Business?, Summer B. Chandler
It’S All Going To Pot Is Relief Available For Debtors In The Marijuana Business?, Summer B. Chandler
Summer Chandler
"Twenty-three states and the District of Columbia authorize the use of marijuana in some form for medical purposes.1 The fact that almost half of all U.S. states now permit medical marijuana use is significant, particularly in light of the fact that close to half of these jurisdictions have legalized the use of marijuana in the last five years.2 In addition, in the past three years, four states and the District of Columbia have legalized marijuana for recreational use.3 Despite the fact that many states have legalized the cultivation, sale and use of marijuana, these actions remain illegal …
Exploring The Boundaries Of Municipal Bankruptcy, Christopher J. Tyson
Exploring The Boundaries Of Municipal Bankruptcy, Christopher J. Tyson
Christopher J. Tyson
Municipal fiscal insolvency has become the central challenge facing American cities. Municipal fiscal insolvency is the result of many factors, including risk taking, fiscal mismanagement, corruption, and the absence of political will to make hard choices. There are also structural factors at play-specifically, local government organization and the fiscal constraints states place on their subdivisions play a significant role in the ability of municipalities to achieve sustainability and growth. These factors are rarely included in the discussion on municipal fiscal insolvency, and understandably so. It is hard to determine the role that local government organization plays in undermining the fiscal …