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Bankruptcy Law Commons

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Villanova University Charles Widger School of Law

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Articles 1 - 30 of 44

Full-Text Articles in Bankruptcy Law

Finding A Port In The Storm: Constitutional Claims Find Protection Under The Fifth Amendment In Municipal Bankruptcy In In Re Financial Oversight & Management Board, Mark Lammey Aug 2023

Finding A Port In The Storm: Constitutional Claims Find Protection Under The Fifth Amendment In Municipal Bankruptcy In In Re Financial Oversight & Management Board, Mark Lammey

Villanova Law Review

No abstract provided.


In Re Weinstein Company Holdings Llc: An Overly Systematic Approach To Executory Contracts Limits Much-Needed Flexibility, Thomas Hauk, Andrew Schwartz Dec 2022

In Re Weinstein Company Holdings Llc: An Overly Systematic Approach To Executory Contracts Limits Much-Needed Flexibility, Thomas Hauk, Andrew Schwartz

Villanova Law Review

No abstract provided.


Considering Environmental Impact Under Uncommon Personal Circumstances Carey V. Commonwealth And The Storage Tank Act, Catherine M. Hillin May 2021

Considering Environmental Impact Under Uncommon Personal Circumstances Carey V. Commonwealth And The Storage Tank Act, Catherine M. Hillin

Villanova Environmental Law Journal

No abstract provided.


Robbing Your Rival's Piggybank: The Third Circuit Affirms Bad Faith Dismissals In Involuntary Bankruptcies After In Re Forever Green Athletic Fields, Inc., Nathan L. Rudy Dec 2016

Robbing Your Rival's Piggybank: The Third Circuit Affirms Bad Faith Dismissals In Involuntary Bankruptcies After In Re Forever Green Athletic Fields, Inc., Nathan L. Rudy

Villanova Law Review

No abstract provided.


Worlds Colliding: Competition Policy And Bankruptcy Asset Sales, Max Huffman Jan 2016

Worlds Colliding: Competition Policy And Bankruptcy Asset Sales, Max Huffman

Villanova Law Review

No abstract provided.


Fueling The Death Spiral For Workers' Pensions: The Bankruptcy Process And Multiemployer Pension Plans, Colleen Ray May 2014

Fueling The Death Spiral For Workers' Pensions: The Bankruptcy Process And Multiemployer Pension Plans, Colleen Ray

Villanova Law Review

This comment examines how the Bankruptcy Code undermines the retirement security goals of ERISA and MPPAA. The article traces the development of multiemployer pension plans and the regulatory scheme. In addition, it discusses how withdrawal liability functions and how employer withdrawals affect the other employers contributing to a multiemployer pension plan. Next, it addresses the Bankruptcy Code’s treatment of withdrawal liability. Finally, the comment analyzes the impact of discharging withdrawal liability by discussing In re Hostess Brands, Inc.


Amplifying The Voices Of Retirees: The Third Circuit's Broad Interpretation Of Bankruptcy Code Section 1114 In In Re Visiteon Corp., Ashleigh K. Reibach May 2014

Amplifying The Voices Of Retirees: The Third Circuit's Broad Interpretation Of Bankruptcy Code Section 1114 In In Re Visiteon Corp., Ashleigh K. Reibach

Villanova Law Review

This Brief examines the Third Circuit’s analysis of Chapter 11, Section 1114 of the Bankruptcy Code as it applies to motions to modify or terminate retiree benefits and serves as a guide to practitioners bringing or contesting such motions during Chapter 11 bankruptcy proceedings in the Third Circuit.


Still Solvent: The Third Circuit Continues To Support "Deepening Insolvency" As A Viable Tort Claim In In Re Lemington Home For The Aged, Eric Kim Jan 2012

Still Solvent: The Third Circuit Continues To Support "Deepening Insolvency" As A Viable Tort Claim In In Re Lemington Home For The Aged, Eric Kim

Villanova Law Review

No abstract provided.


Relief In The Boardroom: How The Third Circuit's Citx Decision Weakened Deepening Insolvency As An Independent Cause Of Action, Brya M. Keilson Jan 2007

Relief In The Boardroom: How The Third Circuit's Citx Decision Weakened Deepening Insolvency As An Independent Cause Of Action, Brya M. Keilson

Villanova Law Review

No abstract provided.


The Citx Decision: Has The Tort Of Deepening Insolvency Gone Bankrupt, Ian T. Mahoney Jan 2007

The Citx Decision: Has The Tort Of Deepening Insolvency Gone Bankrupt, Ian T. Mahoney

Villanova Law Review

No abstract provided.


2003 - A Year Of Discovery: Cybergenics And Plain Meaning In Bankruptcy Cases, Marjorie O. Rendell Jan 2004

2003 - A Year Of Discovery: Cybergenics And Plain Meaning In Bankruptcy Cases, Marjorie O. Rendell

Villanova Law Review

No abstract provided.


Building A Doll's House: A Feminist Analysis Of Marital Debt Dischargeability In Bankruptcy, Peter C. Alexander Jan 2003

Building A Doll's House: A Feminist Analysis Of Marital Debt Dischargeability In Bankruptcy, Peter C. Alexander

Villanova Law Review

No abstract provided.


In This Corner, We Have The Bankruptcy Code's Discharge Provisions And In This Corner, Cercla, A Strict Liability Statue: In Re Reading Company, Jennifer A. Pasquarella Jan 1998

In This Corner, We Have The Bankruptcy Code's Discharge Provisions And In This Corner, Cercla, A Strict Liability Statue: In Re Reading Company, Jennifer A. Pasquarella

Villanova Environmental Law Journal

No abstract provided.


In Re Reading Co.: Cutting Off Environmental Claims That Never Existed During Bankruptcy, David W. Marston Jr. Jan 1998

In Re Reading Co.: Cutting Off Environmental Claims That Never Existed During Bankruptcy, David W. Marston Jr.

Villanova Law Review

No abstract provided.


Bankruptcy Law - Discharging Student Loans Under 11 U.S.C. 523(A)(8)(B): Find Some Dependents, Make A Few Payments And Disconnect The Cable Television (A Discussion Of Pennsylvania Higher Education Assistance Agency V. Faish (In Re Faish)), Jonathan L. Marsh Jan 1996

Bankruptcy Law - Discharging Student Loans Under 11 U.S.C. 523(A)(8)(B): Find Some Dependents, Make A Few Payments And Disconnect The Cable Television (A Discussion Of Pennsylvania Higher Education Assistance Agency V. Faish (In Re Faish)), Jonathan L. Marsh

Villanova Law Review

No abstract provided.


Bankruptcy's Fresh Start Vs. Environmental Cleanup: Statutory Schizophrenia, Michael A. Bloom Jan 1995

Bankruptcy's Fresh Start Vs. Environmental Cleanup: Statutory Schizophrenia, Michael A. Bloom

Villanova Environmental Law Journal

No abstract provided.


Epa Runs Cerclas Around Bankruptcy Law: In Re Cmc Heartland Partners, Catherine A. Barth Jan 1994

Epa Runs Cerclas Around Bankruptcy Law: In Re Cmc Heartland Partners, Catherine A. Barth

Villanova Environmental Law Journal

No abstract provided.


In Re Grabill Corporation: Another No For Jury Trials In The Bankruptcy Courts, William J. Delany Jan 1993

In Re Grabill Corporation: Another No For Jury Trials In The Bankruptcy Courts, William J. Delany

Villanova Law Review

No abstract provided.


In Re Chateaugay Corp.: An Argument For Legislative Intervention In The War Between Cercla And The Bankruptcy Code, Arnold E. Capriotti Jr. Jan 1993

In Re Chateaugay Corp.: An Argument For Legislative Intervention In The War Between Cercla And The Bankruptcy Code, Arnold E. Capriotti Jr.

Villanova Environmental Law Journal

No abstract provided.


Expanding The Reach Of The Bankruptcy Code's Automatic Stay Exception: City Of New York V. Exxon, Mark D. Chiacchiere Jan 1992

Expanding The Reach Of The Bankruptcy Code's Automatic Stay Exception: City Of New York V. Exxon, Mark D. Chiacchiere

Villanova Environmental Law Journal

No abstract provided.


Bankruptcy Law - The Exemption Of Erisa-Qualified Plans From The Bankruptcy Estate, James A. Boyd Jr. Jan 1992

Bankruptcy Law - The Exemption Of Erisa-Qualified Plans From The Bankruptcy Estate, James A. Boyd Jr.

Villanova Law Review

No abstract provided.


Bankruptcy Law - Third Circuit Applies Section 1110 Of Bankruptcy Code To Sale-Leaseback Transactions, Sherri L. Albert Jan 1992

Bankruptcy Law - Third Circuit Applies Section 1110 Of Bankruptcy Code To Sale-Leaseback Transactions, Sherri L. Albert

Villanova Law Review

No abstract provided.


Personal Liability Of A Bankruptcy Trustee Since Midlantic National Bank V. New Jersey Department Of Environmental Protection: The Environmental Law And Bankruptcy Code Conflict Threatens To Engulf Bankruptcy Trustees, D. Ethan Jeffery Jan 1991

Personal Liability Of A Bankruptcy Trustee Since Midlantic National Bank V. New Jersey Department Of Environmental Protection: The Environmental Law And Bankruptcy Code Conflict Threatens To Engulf Bankruptcy Trustees, D. Ethan Jeffery

Villanova Environmental Law Journal

No abstract provided.


Bankruptcy Law - Pennsylvania Housing Finance Agency May Discontinue Emergency Mortgage Assistance Payments To Recipients Who File For Bankruptcy, Richard Ruffee Jan 1990

Bankruptcy Law - Pennsylvania Housing Finance Agency May Discontinue Emergency Mortgage Assistance Payments To Recipients Who File For Bankruptcy, Richard Ruffee

Villanova Law Review

No abstract provided.


Bankruptcy Law - Third Circuit Requires Strict Compliance With Thirty Day Rule In Section 362(E) Of Bankruptcy Code And Bankruptcy Rule 4001(B), Albert A. Ciardi Iii Jan 1990

Bankruptcy Law - Third Circuit Requires Strict Compliance With Thirty Day Rule In Section 362(E) Of Bankruptcy Code And Bankruptcy Rule 4001(B), Albert A. Ciardi Iii

Villanova Law Review

No abstract provided.


Bankruptcy - A Debtor Under Reorganization Pursuant To Chapter 11 Of The Bankruptcy Code Cannot Designate The Allocation Of Its Priority Tax Liabilities, Richard Silpe Jan 1988

Bankruptcy - A Debtor Under Reorganization Pursuant To Chapter 11 Of The Bankruptcy Code Cannot Designate The Allocation Of Its Priority Tax Liabilities, Richard Silpe

Villanova Law Review

No abstract provided.


Bankruptcy Law - Rejection Of Collective Bargaining Agreements - Section 1113 Of 1984 Bankruptcy Amendments Permits Rejection Of Collective Bargaining Agreements Only If Debtor's Proposed Modifications To Agreement Are Necessary To Prevent Liquidation And Treat All Affected Parties Fairly And Equitably, Pamela A. Casey Jan 1987

Bankruptcy Law - Rejection Of Collective Bargaining Agreements - Section 1113 Of 1984 Bankruptcy Amendments Permits Rejection Of Collective Bargaining Agreements Only If Debtor's Proposed Modifications To Agreement Are Necessary To Prevent Liquidation And Treat All Affected Parties Fairly And Equitably, Pamela A. Casey

Villanova Law Review

No abstract provided.


Bankruptcy: Dischargeability Of Restitutive Conditions Of Probation - Criminals Find Refuge In The Provisions Of The Bankruptcy Reform Act Of 1978, Seamus C. Duffy Jan 1986

Bankruptcy: Dischargeability Of Restitutive Conditions Of Probation - Criminals Find Refuge In The Provisions Of The Bankruptcy Reform Act Of 1978, Seamus C. Duffy

Villanova Law Review

No abstract provided.


Torts - Joint Tortfeasors - Release In Favor Of Joint Tortfeasor Who Files Petition In Bankruptcy Before Paying Agreed Settlement Will Be Applied As Pro Rata Reduction Of Plaintiff's Judgment Against Nonsettling Joint Tortfeasors, Lisa A. Demarco Jan 1986

Torts - Joint Tortfeasors - Release In Favor Of Joint Tortfeasor Who Files Petition In Bankruptcy Before Paying Agreed Settlement Will Be Applied As Pro Rata Reduction Of Plaintiff's Judgment Against Nonsettling Joint Tortfeasors, Lisa A. Demarco

Villanova Law Review

No abstract provided.


The Constitutionality Of The Federal Magistrate System After The Northern Pipeline Decision, Kenneth J. Phelan Jan 1983

The Constitutionality Of The Federal Magistrate System After The Northern Pipeline Decision, Kenneth J. Phelan

Villanova Law Review

No abstract provided.