Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Health Law and Policy (3)
- Banking and Finance Law (2)
- Business Organizations Law (2)
- Civil Procedure (2)
- Courts (2)
-
- Jurisprudence (2)
- Law and Society (2)
- Legislation (2)
- Supreme Court of the United States (2)
- Administrative Law (1)
- Business (1)
- Civil Law (1)
- Computer Law (1)
- Conflict of Laws (1)
- Constitutional Law (1)
- Construction Law (1)
- Consumer Protection Law (1)
- Contracts (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Family Law (1)
- Finance and Financial Management (1)
- Government Contracts (1)
- Human Rights Law (1)
- International Law (1)
- International Trade Law (1)
- Internet Law (1)
- Institution
- Publication
- Publication Type
Articles 1 - 8 of 8
Full-Text Articles in Insurance Law
Tinjauan Hukum Penerapan Hak Mendahulu Utang Pajak Dalam Perkara Kepailitan Pt Industries Badja Garuda Berdasarkan Undang-Undang Nomor 37 Tahun 2004 Tentang Kepailitan Dan Penundaan Kewajiban Pembayaran Utang, Siti Fatimah Citra Nurislamiati
Tinjauan Hukum Penerapan Hak Mendahulu Utang Pajak Dalam Perkara Kepailitan Pt Industries Badja Garuda Berdasarkan Undang-Undang Nomor 37 Tahun 2004 Tentang Kepailitan Dan Penundaan Kewajiban Pembayaran Utang, Siti Fatimah Citra Nurislamiati
"Dharmasisya” Jurnal Program Magister Hukum FHUI
This paper discusses the application of pre-emptive rights over tax debt collection in bankruptcy disputes regulated in Article 41 paragraph (3) of Law Number 37 of 2004 concerning the Bankruptcy and Deferral of Debt Payment Obligations displayed by the Directorate General of Taxes. Tax debts outside the bankruptcy process for compulsory taxes are being filed for bankruptcy by requesting the Commercial Court to return all tax liabilities that would harm the interests of the country. In the event that a taxpayer has been declared bankrupt, the Directorate General of Taxes still has the right to overtake and is privileged, requesting …
"Undue Hardship" And Uninsured Americans: How Access To Healthcare Should Impact Student-Loan Discharge In Bankruptcy, Alexander Gouzoules
"Undue Hardship" And Uninsured Americans: How Access To Healthcare Should Impact Student-Loan Discharge In Bankruptcy, Alexander Gouzoules
Faculty Publications
Student-loan debt has grown to unprecedented heights. Contributing to the severe burden imposed by these debts is the Bankruptcy Code’s unique presumption that they are not dischargeable. To overcome that presumption, a debtor must establish that repayment of her loans would constitute an “undue hardship.” This essay examines the disagreement among bankruptcy courts that have interpreted the “undue hardship” standard in situations where a debtor is unable to afford health insurance—a common occurrence among the economically disadvantaged. After examining recent healthcare reforms, I argue that Congress has expressed a judgment that all Americans should obtain minimum essential healthcare. Though this …
Standing To Sue A Carrier's Killers , Davis J. Howard
Standing To Sue A Carrier's Killers , Davis J. Howard
Pepperdine Law Review
No abstract provided.
Managing Medical Bills On The Brink Of Bankruptcy, Melissa B. Jacoby, Mirya Holman
Managing Medical Bills On The Brink Of Bankruptcy, Melissa B. Jacoby, Mirya Holman
Melissa B. Jacoby
This paper presents original empirical evidence on financial interactions between medical providers and their patients who go bankrupt. We use a nationally representative sample of people who filed for bankruptcy in 2007 to compare two popular but hotly contested methods of measuring medical burden. By applying both methods to the same filers, we find that nearly four out of five respondents had some financial obligation for medical care not covered by insurance in the two years prior to filing as measured by the survey method. The court record method paints a different picture, with only half of the cases containing …
Bankruptcy--Life Insurance--Trustee Not Entitled To Case Surrender Value Of Policy, Arthur Mark Recht
Bankruptcy--Life Insurance--Trustee Not Entitled To Case Surrender Value Of Policy, Arthur Mark Recht
West Virginia Law Review
No abstract provided.
Rights Of Creditors In Insurance -- The Tennessee Exemption Statutes, Paul J. Hartman
Rights Of Creditors In Insurance -- The Tennessee Exemption Statutes, Paul J. Hartman
Vanderbilt Law Review
The subject of the availability of assets to creditors is important when a trustee in bankruptcy as a representative of creditors is seeking to gather assets to pay off creditors; and the subject is of equal importance where a single creditor, not in a bankruptcy proceeding, is seeking to satisfy his claim out of the assets of his debtor. Whatever is property in the hands of the debtor is available to his creditors, unless it is exempt by law. This property is his estate, considered indifferently from the standpoint of the single creditor who seeks to realize for himself alone, …
Rights Of Trustee In Bankruptcy To Cash Surrender Value Of Insurance Policies Of A Bankrupt, George W. Hatfield Jr.
Rights Of Trustee In Bankruptcy To Cash Surrender Value Of Insurance Policies Of A Bankrupt, George W. Hatfield Jr.
Kentucky Law Journal
No abstract provided.
Insurance Policies As Assets In Bankruptcy, Evans Holbrook
Insurance Policies As Assets In Bankruptcy, Evans Holbrook
Articles
The Supreme Court of the United States, in the recent case of Cohen v. Samuels, 38 Sup. Ct. 36, has put an end to a method, approved by some of the lower Federal Courts, whereby a person could create a fund which would be completely under his control but which would nevertheless be protected against any claim on the part of his trustee in bankruptcy. The circumstances in the principal case were as follows: Samuels had taken out ordinary life insurance policies, with the usual provisions as to loan and surrender values, payable to certain of his relatives as beneficiaries, …