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Full-Text Articles in Contracts
Blockchain & Smart Contract Technology: Alternative Incentives For Legal Contract Innovation, Erika J. Nash
Blockchain & Smart Contract Technology: Alternative Incentives For Legal Contract Innovation, Erika J. Nash
BYU Law Review
No abstract provided.
Creditors' Contempt, Lea Shepard
Creditors' Contempt, Lea Shepard
BYU Law Review
This Article takes a fresh look at the power of courts and creditors to force debtors to repay their obligations through in personam collection techniques. Variously known as “debtor’s examinations,” “turnover orders,” “citations to discover assets,” “supplementary proceedings,” “proceedings supplementary,” and “proceedings in aid of execution,” in personam remedies force the debtor, under threat of the court’s contempt authority, to turn over money or property directly to a creditor. Because the exercise of the court’s contempt authority can result in a debtor’s imprisonment, in personam techniques have long been regarded as a critical but potentially very coercive arrow in a …