Bankruptcy Law Commons^™

Conversion From Chapter 13 To Chapter 7 Of The Bankruptcy Code: What Constitutes Property Of The Post-Conversion Estate?, David A. Hardy

BYU Law Review

No abstract provided.

The Voidability Of Actions Taken In Violation Of The Automatic Stay: Application Of The Information-Forcing Paradigm, Robert R. Niccolini

Vanderbilt Law Review

The automatic stay' is undeniably one of the most important elements of the bankruptcy process. In fact, the expansion of the stay was one of the major changes that the 1978 Bankruptcy Reform Act initiated. Despite the integral nature of the automatic stay, however, courts have yet to reach a consensus regarding the conceptualization and subsequent effect of actions taken in violation of the stay. Presently, a substantial majority of the circuits hold that such actions are void "ab initio" and of no legal effect. A small but significant number of courts, however, decline to follow the majority rule. These …

The Outer Fringes Of Chapter 11: Nonconsenting Senior Lenders' Rights Under Subordination Agreements In Bankruptcy, David Kravitz

Michigan Law Review

This Note focuses on the options a senior creditor in Frugal's position may have when a reorganization plan provides for payments in violation of a subordination agreement that the creditor wishes to enforce. Part I explains the different types of subordination agreements and discusses their treatment under pre-Code bankruptcy law and under the Bankruptcy Code. Because of the dearth of case law regarding nonconsenting senior lenders and subordination agreements, Part II considers a question in a related area of bankruptcy law where more authority exists: whether a reorganization plan may release a nonbankrupt guarantor from its obligations under the guaranty …

Strange Visions In A Strange World: A Reply To Professors Bradley And Rosenzweig, Lynn M. Lopucki

Michigan Law Review

Much about chapter 11 is in need of improvement. But, as is so often the case, the resonant themes are not the right ones. All three legs of Bradley and Rosenzweig's argument for repeal are seriously flawed. The heart of their empirical argument is their claim to have shown that financially stronger companies reorganizing under chapter 11 have been paying less to both their creditors and their shareholders than did weaker companies reorganizing under prior law. In Part I below, I present several more plausible explanations for the stock and bond price phenomena they observed. In all likelihood, their data …

The Trustee’S Strong Arm Power Under The Bankruptcy Code, David G. Carlson

Articles

No abstract provided.

Bankruptcy, W. Homer Drake Jr., James W. Dilz

Mercer Law Review

During 1991, the United States Court of Appeals for the Eleventh Circuit decided eighteen cases arising under or related to the Bankruptcy Code. These cases can be classified under the general headings of: Jurisdiction, preferences, claims against' the estate, discharge and dischargeability, substantive consolidation, and attorney fees. This Article is a survey of each of the decisions rendered by the Eleventh Circuit in 1991.

Johnson V. Home State Bank: Seven Plus Thirteen Can Equal Twenty, Lance Jones

Mercer Law Review

In Johnson v. Home State Bank (In re Johnson), the United States Supreme Court approved -the property-saving strategy of filing under Chapter 72 of the Bankruptcy Code, immediately followed by a filing under Chapter 13, the so-called "Chapter 20." The Court held that a mortgage lien that survived the discharge of the debtor's personal obligations in Chapter 7 is a "claim" for purposes of 11 U.S.C. § 101(5), and thus may be included by the debtor in a subsequent Chapter 13 plan.

Chapter 20 procedures typically follow a similar pattern. A debtor defaults on loan payments, including a …

In Re Chateaugay Corp.: An Analysis Of The Interaction Between The Bankruptcy Code And Cercla, Thomas L. Stockard

Brigham Young University Journal of Public Law

No abstract provided.

Down Bankruptcy Lane, John D. Ayer

Michigan Law Review

A Review of Strategic Bankruptcy: How Corporations and Creditors Use Chapter 11 to Their Advantage by Kevin J. Delaney and Corporate Welfare by Laurence H. Kallen and A Feast for Lawyers/Inside Chapter 11: An Exposé by Sol Stein

The Commercial Real Estate Landlord's Rights To Receive Post-Petition Rental Payments Under Section 365(D)(3) Of The Bankruptcy Code, C. Alan Gauldin

University of Arkansas at Little Rock Law Review

No abstract provided.

The Commercial Real Estate Landlord's Rights To Receive Post-Petition Rental Payments Under Section 365(D)(3) Of The Bankruptcy Code, C. Alan Gauldin

University of Arkansas at Little Rock Law Review

No abstract provided.

Case Comments: Bankruptcy Law

Washington and Lee Law Review

No abstract provided.

Value And Rationality In Bankruptcy Decisionmaking, Donald R. Korobkin

William & Mary Law Review

No abstract provided.

Airlines, Airports And Antitrust: A Proposed Strategy For Enhanced Competition, Robert M. Hardaway, Paul Stephen Dempsey

Sturm College of Law: Faculty Scholarship

Most of this country's major airports are monopolies or duopolies at which one or two dominant carriers control a high percentage of terminal facilities. Airlines have used this market power to raise fares on flights originating and terminating at such airports. Although this power has been gained in part through the process of buy-outs and mergers in the airline industry itself, it has also been gained through actions taken in concert with airport authorities, such as when agreements are entered into that effectively limit the availability of airport facilities to new entrants and other competitors. Airlines, by virtue of rights …

Aviation Law And Regulation, Robert M. Hardaway, Paul Stephen Dempsey, William E. Thoms

Sturm College of Law: Faculty Scholarship

We sought to write a comprehensive reference book for aviation lawyers and practitioners, and airline and aircraft manufactuing executives in need of vital information regarding law and government regulation in the field of commercial and general aviation. We envision this book as an aid for the neophyte and experienced practitioner alike.

Running The Asylum: Governance Problems In Bankruptcy Reorganizations, Christopher W. Frost

Law Faculty Scholarly Articles

Like much of life, the study of bankruptcy is the study of leverage. Chapter 11 of the United States Bankruptcy Code may be appropriately described as providing a framework within which interested parties may negotiate solutions to the problems facing a troubled company. The allocation of leverage to the negotiating parties is critical to the ultimate outcome of the process. In any negotiation setting control over the bargaining process is a key item of leverage. This Article proposes a framework for analysis and suggests solutions to the problem of control over corporations during the pendency of a Chapter 11 reorganization …

"Reasonable Expectations" Define Board Power To Liquidate A Solvent Close Corporation In Bankruptcy, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

This Article will argue that, in the absence of contrary provisions in the articles of incorporation, the power of the board of directors of a solvent close corporation to file a voluntary petition for liquidation in bankruptcy must be determined by the theory of “reasonable expectations.” This doctrine not only addresses wrongdoing by those in control, but also defines the power and rights of close corporation participants. Part II briefly considers the uses of bankruptcy in recent years and comments on the peculiar occasion of a solvent corporation deciding to liquidate in bankruptcy. Part III summarizes the facts and identifies …

The Flip Side Of Twist Cap: Letters Of Credit As Executory Contracts In Bankruptcy, Stephen M. Mcjohn

Suffolk University Law School Faculty Works

This article analyzes the treatment of letters of credit as executory contracts in bankruptcy. Some courts had stated that the bankruptcy of the beneficiary terminates a letter of credit. This article concludes that decisions were incorrect in treating a letter of credit as an executory contract to provide financial accommodations to the beneficiary. A letter of credit is not a means to provide credit to the beneficiary: it is a means to provide credit to the applicant (and thereby allowing the applicant and beneficiary to avoid extending credit to each other). The issuer is not dependent on the credit risk …

Postpetition Lending Under Section 364: Issues Regarding The Gap Period And Financing For Prepackaged Plans, David G. Epstein

Law Faculty Publications

If the priorities provided by section 364(c) are insufficient to entice potential lenders to provide sufficient :financing to a Chapter 11 debtor, the debtor may, with the court's approval, obtain credit by granting the lender a lien on property of the debtor that is senior to existing liens on such property (a "priming lien"). The granting of such a priming lien, however, is subject to several statutory conditions. First, as with section 364(c), the debtor must prove that it cannot obtain credit on any less intrusive basis (i.e., through the use of section 364(a), (b), or (c)). Second, the debtor …

Environmental Impediments To Bankruptcy Reorganizations, James K. Mcbain

Indiana 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

Villanova Environmental Law Journal

No abstract provided.

Annual Survey Of Virginia Law: Bankruptcy Law, Michael A. Condyles

University of Richmond Law Review

This survey article reviews and analyzes legislative and judicial developments that have occurred in bankruptcy law between April, 1991 and April, 1992. The article is intended to alert the general practitioner to significant recent developments in the bankruptcy area. Legislative changes made to Virginia statutory law and federal bankruptcy decisions issued within the Fourth Circuit are the focus of this article.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Erisa: Anti-Alienation Superiority In Bankruptcy, George Lee Flint Jr

Faculty Articles

Both ERISA and the Bankruptcy Code consider the issue of debtor-participant’s interest in certain pension trusts when an action has been undertaken against the bankrupt debtor participant’s estate. Many jurisdictions have offered conflicting views on the handling of the interest. These conflicts create litigious interpretation and choice of law problems and place plan administrators at risk for breach of fiduciary duty depending on jurisdictional interpretation. Paying-out a bankruptcy trustee’s turnover demand could affect the tax qualified status of the pension plan, thereby hurting all plan participants. ERISA’s preemption provision was drafted to create uniformity among the states in interpreting employee …

Bankruptcy-Based Discrimination, Douglass G. Boshkoff

Articles by Maurer Faculty

No abstract provided.

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

Villanova Law Review

No abstract provided.

Erisa: Anti-Alienation Superiority In Bankruptcy, George Lee Flint Jr.

West Virginia Law Review

No abstract provided.

The Nature And Effect Of Corporate Voting In Chapter 11 Reorganization Cases, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.

Corcoran V. Ardra: The Impact Of Insolvency On International Reinsurance Arbitration, 25 J. Marshall L. Rev. 527 (1992), John S. Diaconis

UIC Law Review

No abstract provided.