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Full-Text Articles in Bankruptcy Law
Annual Survey Of Virginia Law: Bankruptcy Law, Michael A. Condyles
Annual Survey Of Virginia Law: Bankruptcy Law, Michael A. Condyles
University of Richmond Law Review
This article is intended to advise the general practitioner of significant recent developments that have occurred in the bankruptcy area during the period April 1992 through April 1993. Virginia and federal decisions issued by the Court of Appeals for the Fourth Circuit involving bankruptcy related matters are the main focus of this article.
Annual Survey Of Virginia Law: Bankruptcy Law, Michael A. Condyles
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 1989 and April 1991. This article intends to alert the general practitioner to significant recent developments in the bankruptcy area. The article focuses on legislative changes that have been made to the Bankruptcy Code and to Virginia statutory law, along with federal bankruptcy decisions issued within the Fourth Circuit. Where appropriate, Virginia state court cases dealing with bankruptcy issues are also addressed.
Annual Survey Of Virginia Law: Creditors' Rights, Joseph E. Ulrich
Annual Survey Of Virginia Law: Creditors' Rights, Joseph E. Ulrich
University of Richmond Law Review
This article addresses developments in Virginia creditors' rights from April 1988 to April 1989. It is aimed at the non-specialist who nonetheless handles creditors' rights problems in practice. The following will describe the more important holdings and offer some comments about these holdings.
Down And Out In Richmond, Virginia: The Distribution Of Assets In Chapter 7 Bankruptcy Proceedings Closed During 1984-1987, Michael J. Herbert, Domenic E. Pacitt
Down And Out In Richmond, Virginia: The Distribution Of Assets In Chapter 7 Bankruptcy Proceedings Closed During 1984-1987, Michael J. Herbert, Domenic E. Pacitt
University of Richmond Law Review
An explosion of interest in the practical workings and economic significance of the bankruptcy system has, in recent years, led to many efforts to study that system through data other than that contained in reported cases. In some key respects, the mere articulation and analysis of legal rules is no longer satisfactory. Indeed, it has been argued that such analysis is sometimes scarcely relevant. This article is intended to add a little more information to that already compiled regarding the actual nature and function of modern American bankruptcy law. It further attempts to place this information into the context of …
Maginot Line Defenses To A Preference Action? 11 U.S.C. § 547(C )(2) & (C )(4), Charles E. Reynolds
Maginot Line Defenses To A Preference Action? 11 U.S.C. § 547(C )(2) & (C )(4), Charles E. Reynolds
University of Richmond Law Review
Suppliers of goods and services on credit understand that the recipient may be unable to pay for some or all of the goods provided or the services rendered. However, many of these suppliers have a difficult time "giving back" money previously received from a debtor who has filed for protection under the United States Bankruptcy Code. Judicial interpretation of the broadly written bankruptcy law has made it difficult to defeat a preference action instituted by a trustee in bankruptcy or a debtor-in-possession. As a result, any supplier who has several transactions with a debtor during the preference period is particularly …
The "Fresh Start" Policy In Consumer Bankruptcy: A Historical Inventory And An Interpretive Theory, Charles G. Hallinan
The "Fresh Start" Policy In Consumer Bankruptcy: A Historical Inventory And An Interpretive Theory, Charles G. Hallinan
University of Richmond Law Review
In part II, the article traces the historical development of the idea of providing relief to troubled debtors in bankruptcy, an idea usually summarized as the "fresh start" policy of bankruptcy law. The article catalogs and describes the empirical assumptions and normative judgments underlying the various explanations offered for the availability of a discharge or "fresh start" in bankruptcy. In part II, the article examines the existing Bankruptcy Code in the light of these various theories. The article concludes that the Code's debtor relief provisions are best understood as a form of compulsory insurance for debtors. The nature of insurance …
Bankcard's Revenge: A Critique Of The 1984 Consumer Credit Amendments To The Bankruptcy Code, Paul M. Black, Michael J. Herbert
Bankcard's Revenge: A Critique Of The 1984 Consumer Credit Amendments To The Bankruptcy Code, Paul M. Black, Michael J. Herbert
University of Richmond Law Review
Virtually from the enactment of the Bankruptcy Code in 1978, creditors attempted to roll back what they perceived to be the Code's undue bias toward bankrupts. The Code was branded a debtor's paradise practically beckoning borrowers to shed their debts painlessly and needlessly. It was certainly true that the number of bankruptcy filings rose substantially during the late 1970's and early 1980's, and that some creditors attributed at least some of this to the Code's presumed generosity. Whether the Code actually caused any of the increase in filings is, to put it mildly, controversial. Other factors, most significantly the general …
The Trustee Versus The Trade Creditor: A Critique Of Section 547(C)(1), (2) & (4) Of The Bankruptcy Code, Michael J. Herbert
The Trustee Versus The Trade Creditor: A Critique Of Section 547(C)(1), (2) & (4) Of The Bankruptcy Code, Michael J. Herbert
University of Richmond Law Review
The Bankruptcy Code, like its predecessor the Bankruptcy Act, permits the trustee to avoid certain preferential transfers made or suffered by the bankrupt just prior to bankruptcy. Generally, any transfer relating to an antecedent debt made to or for a creditor by an insolvent within ninety days before the filing of the bankruptcy petition is avoidable by the trustee. The trustee may sue the creditor to recover the preference. In addition, the preferred creditor will not be entitled to any dividend from the estate until the preference is repaid.