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- AWFOD (6)
- Bankruptcy Reform Act of 1978 (6)
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- Local Loan Co. v. Hunt (3)
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- Henry Campbell Black (2)
- Insolvency (2)
- Pepper v. Litton (2)
- Perez v. Campbell (2)
- Unsecured Creditors (2)
- 11 U.S.C. §§ 1-1255 (1952) (1)
- 1954 Internal Revenue Code (1)
- 1978 Bankruptcy Code (1)
- 1978 Section 547(c)(2) (1)
- 1984 Section 547(c)(2) (1)
- Publication Year
Articles 1 - 30 of 65
Full-Text Articles in Law
The Settlement Trap, Lindsey Simon
The Settlement Trap, Lindsey Simon
Indiana Law Journal
Mass tort victims often wait years for resolution of their personal injury claims, but many who successfully navigate this arduous process will not receive a single dollar of their settlement award. According to applicable bankruptcy and state law, settlement payments may be an asset of the estate that the trustee, exercising its significant authority, administers and distributes to creditors instead of a claimant who had filed for bankruptcy. This distribution power maximizes repayment, a critical counterbalance to the robust protections and benefits that debtors receive in bankruptcy.
Setting aside the perceived unfairness of taking desperately needed money from tort victims, …
Consent To Student Loan Bankruptcy Discharge, John P. Hunt
Consent To Student Loan Bankruptcy Discharge, John P. Hunt
Indiana Law Journal
As the Department of Education reconsiders its rules governing consent to discharge of federal student loans in bankruptcy, this Article argues for the first time that the Department should approach the problem specifically as an operator of programs to promote education and benefit students, rather than as an entity interested only in debt collection. This Article shows that the Department’s rules to date have treated whether to consent to discharge primarily as a pecuniary issue, without regard to the educational goals of the student loan programs. For example, the Department apparently has never considered whether making it difficult to discharge …
Reforming Institutions: The Judicial Function In Bankruptcy And Public Law Litigation, Kathleen G. Noonan, Jonathan C. Lipson, William Simon
Reforming Institutions: The Judicial Function In Bankruptcy And Public Law Litigation, Kathleen G. Noonan, Jonathan C. Lipson, William Simon
Indiana Law Journal
Public law litigation (PLL) is among the most important and controversial types of dispute that courts face. These civil class actions seek to reform public agencies such as police departments, prison systems, and child welfare agencies that have failed to meet basic statutory or constitutional obligations. They are controversial because critics assume that judicial intervention is categorically undemocratic or beyond judicial expertise.
This Article reveals flaws in these criticisms by comparing the judicial function in PLL to that in corporate bankruptcy, where the value and legitimacy of judicial intervention are better understood and more accepted. Our comparison shows that judicial …
Staying True To Purpose: Including Corporate Debtors Under § 362(H) Of The Federal Bankruptcy Code, D. Casey Kobi
Staying True To Purpose: Including Corporate Debtors Under § 362(H) Of The Federal Bankruptcy Code, D. Casey Kobi
Indiana Law Journal
No abstract provided.
Grenztiberschreitendes (Internationales) Insolvenzrecht Dervereinigten Staaten Von Amerika Und Der Bundesrepublik Deutschland (Cross-Border Bankruptcy Law Of The United States And Germany), By Edgar J. Habscheid, Hannah Buxbaum
Indiana Journal of Global Legal Studies
No abstract provided.
Hidden In Plain View: The Pension Shield Against Creditors, Patricia E. Dilley
Hidden In Plain View: The Pension Shield Against Creditors, Patricia E. Dilley
Indiana Law Journal
No abstract provided.
The Bankruptcy Crisis, Elizabeth Warren
On Considering The Public Interest In Bankruptcy: Looking To The Railroads For Answers, Julie A. Veach
On Considering The Public Interest In Bankruptcy: Looking To The Railroads For Answers, Julie A. Veach
Indiana Law Journal
No abstract provided.
Seeing The Forest And The Trees: The Proper Role Of The Bankruptcy Attorney, Nancy B. Rapoport
Seeing The Forest And The Trees: The Proper Role Of The Bankruptcy Attorney, Nancy B. Rapoport
Indiana Law Journal
No abstract provided.
Fresh Start, False Start, Or Head Start?, Douglass Boshkoff
Fresh Start, False Start, Or Head Start?, Douglass Boshkoff
Indiana Law Journal
No abstract provided.
Attorney's Fees In Chapter 11 Reorganization: A Case For Modified Procedures, Brenda Hacker Osborne
Attorney's Fees In Chapter 11 Reorganization: A Case For Modified Procedures, Brenda Hacker Osborne
Indiana Law Journal
No abstract provided.
Bankruptcy, Lenity, And The Statutory Interpretation Of Cognate Civil And Criminal Statutes, Bruce A. Markell
Bankruptcy, Lenity, And The Statutory Interpretation Of Cognate Civil And Criminal Statutes, Bruce A. Markell
Indiana Law Journal
No abstract provided.
Property Of The Bankruptcy Estate After A Conversion From Chapter 13 To Chapter 7: The Need For A Definite Answer, Robert J. Volpi
Property Of The Bankruptcy Estate After A Conversion From Chapter 13 To Chapter 7: The Need For A Definite Answer, Robert J. Volpi
Indiana Law Journal
No abstract provided.
Environmental Impediments To Bankruptcy Reorganizations, James K. Mcbain
Environmental Impediments To Bankruptcy Reorganizations, James K. Mcbain
Indiana Law Journal
No abstract provided.
Involuntary Bankruptcy And The Bona Fides Of A Bona Fide Dispute, Lawrence Ponoroff
Involuntary Bankruptcy And The Bona Fides Of A Bona Fide Dispute, Lawrence Ponoroff
Indiana Law Journal
No abstract provided.
Foreword, Frank R. Kennedy
Has The Time Come To Repeal Chapter 13?, William C. Whitford
Has The Time Come To Repeal Chapter 13?, William C. Whitford
Indiana Law Journal
Symposium: As We Forgive Our Debtors
Women In Bankruptcy And Beyond, Zipporah Batshaw Wiseman
Women In Bankruptcy And Beyond, Zipporah Batshaw Wiseman
Indiana Law Journal
Symposium: As We Forgive Our Debtors
The Role Of Empirical Data In Developing Bankruptcy Legislation For Individuals, Marjorie L. Girth
The Role Of Empirical Data In Developing Bankruptcy Legislation For Individuals, Marjorie L. Girth
Indiana Law Journal
Symposium: As We Forgive Our Debtors
A Sociological Perspective On Bankruptcy, Lisa J. Mcintyre
A Sociological Perspective On Bankruptcy, Lisa J. Mcintyre
Indiana Law Journal
Symposium: As We Forgive Our Debtors
As We Forgive Our Debtors In The Classroom, Douglass Boshkoff
As We Forgive Our Debtors In The Classroom, Douglass Boshkoff
Indiana Law Journal
Symposium: As We Forgive Our Debtors
Private Parties And Bankruptcy-Based Discrimination, Douglass Boshkoff
Private Parties And Bankruptcy-Based Discrimination, Douglass Boshkoff
Indiana Law Journal
No abstract provided.
A Separate Classification For Criminal Debt In Chapter 13, Marie Adamson
A Separate Classification For Criminal Debt In Chapter 13, Marie Adamson
Indiana Law Journal
No abstract provided.
Personal Bankruptcy Under The 1978 Bankruptcy Code: An Economic Analysis, Michelle J. White
Personal Bankruptcy Under The 1978 Bankruptcy Code: An Economic Analysis, Michelle J. White
Indiana Law Journal
No abstract provided.
The End Of Preference Liability For Unsecured Creditors: New Section 547(C)(2) Of The Bankruptcy Code, Darrell Dunham, Donald Price
The End Of Preference Liability For Unsecured Creditors: New Section 547(C)(2) Of The Bankruptcy Code, Darrell Dunham, Donald Price
Indiana Law Journal
No abstract provided.
Administration Of Entireties Property In Bankruptcy, Rodger A. Heaton
Administration Of Entireties Property In Bankruptcy, Rodger A. Heaton
Indiana Law Journal
No abstract provided.
Treatment Of Time-Share Interests Under The Bankruptcy Code, Mark C. Eriks
Treatment Of Time-Share Interests Under The Bankruptcy Code, Mark C. Eriks
Indiana Law Journal
No abstract provided.
Creditor Acquiescence As A Defense To An Exception To Discharge In Bankruptcy, Elizabeth Gavit Filipow
Creditor Acquiescence As A Defense To An Exception To Discharge In Bankruptcy, Elizabeth Gavit Filipow
Indiana Law Journal
No abstract provided.
Payments To Unsecured Creditors Under Chapter 13 Of The Bankruptcy Reform Act Of 1978, Mark H. Edwards
Payments To Unsecured Creditors Under Chapter 13 Of The Bankruptcy Reform Act Of 1978, Mark H. Edwards
Indiana Law Journal
No abstract provided.
Federal Exemptions And The Opt-Out Provisions Of Section 522: A Constitutional Challenge, Tracey Nicolau Bosomworth
Federal Exemptions And The Opt-Out Provisions Of Section 522: A Constitutional Challenge, Tracey Nicolau Bosomworth
Indiana Law Journal
No abstract provided.