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Articles 1 - 30 of 52
Full-Text Articles in Law
Symposium Remarks: Public Litigation Values Versus The Endless Quest For Global Peace, Elizabeth Chamblee Burch
Symposium Remarks: Public Litigation Values Versus The Endless Quest For Global Peace, Elizabeth Chamblee Burch
West Virginia Law Review
No abstract provided.
Purdue And Mass Tort Claims: Will Non-Debtor Release Survive?, Christopher M. Alston, Alena Ivanov
Purdue And Mass Tort Claims: Will Non-Debtor Release Survive?, Christopher M. Alston, Alena Ivanov
West Virginia Law Review
No abstract provided.
Immunity Through Bankruptcy For The Sackler Family, Daniel G. Aaron, Michael S. Sinha
Immunity Through Bankruptcy For The Sackler Family, Daniel G. Aaron, Michael S. Sinha
West Virginia Law Review
In August 2023, the Supreme Court of the United States temporarily blocked one of the largest public health settlements in history: that of Purdue Pharma, L.P., reached in bankruptcy court. The negotiated bankruptcy settlement approved by the court would give a golden parachute, in the form of immunity from liability, to the very people thought to have ignited the opioid crisis: the Sackler family. As the Supreme Court considers the propriety of immunity through bankruptcy, the case has raised fundamental questions about whether bankruptcy is a proper refuge from tort liability and whether law checks power or law serves power. …
The Long And Winding Road To The Small Business Reorganization Act: Why Our Next Stop Should Be Simplicity And Accessibility, Daniel O'Hare
The Long And Winding Road To The Small Business Reorganization Act: Why Our Next Stop Should Be Simplicity And Accessibility, Daniel O'Hare
West Virginia Law Review
No abstract provided.
When Is A Debt "Obtained By" Fraud?: Reconsideration Of The Fraud Nondischargeability Exception Under Section 523(A)(2) Of The Bankruptcy Code, Theresa J. Pulley Radwan
When Is A Debt "Obtained By" Fraud?: Reconsideration Of The Fraud Nondischargeability Exception Under Section 523(A)(2) Of The Bankruptcy Code, Theresa J. Pulley Radwan
West Virginia Law Review
No abstract provided.
A Comprehensive Framework For Conflict Preemption In Federal Insolvency Proceedings, Robert W. Miller
A Comprehensive Framework For Conflict Preemption In Federal Insolvency Proceedings, Robert W. Miller
West Virginia Law Review
No abstract provided.
Is The Gate Open For West Virginia Counties And Cities To File For Chapter 9 Bankruptcy Relief, Bill Pepper
Is The Gate Open For West Virginia Counties And Cities To File For Chapter 9 Bankruptcy Relief, Bill Pepper
West Virginia Law Review
No abstract provided.
Milking The Estate, David R. Hague
Tightenting The Loophole: The Role Of Fee-Shifting Statutes In Resolving The Growing Problem Of Servicing America's Student Loan Debt, Katheryn E. Marcum
Tightenting The Loophole: The Role Of Fee-Shifting Statutes In Resolving The Growing Problem Of Servicing America's Student Loan Debt, Katheryn E. Marcum
West Virginia Law Review
No abstract provided.
Insuring Against The Risk Of Collusion In Corporate Bankruptcy Cases: The Uncharted Waters Of The Insured Vs. Insured Exclusion In Directors' And Officers' Liability Insurance Policies, Cullen Ann Drescher
Insuring Against The Risk Of Collusion In Corporate Bankruptcy Cases: The Uncharted Waters Of The Insured Vs. Insured Exclusion In Directors' And Officers' Liability Insurance Policies, Cullen Ann Drescher
West Virginia Law Review
No abstract provided.
The End Of The (Virtual) World, Joshua A.T. Fairfield
The End Of The (Virtual) World, Joshua A.T. Fairfield
West Virginia Law Review
No abstract provided.
If Judgment Creditors Cannot Set Asunder A Debtor Spouse's Interest In The Marital Home, What Can They Do, John W. Fisher Ii
If Judgment Creditors Cannot Set Asunder A Debtor Spouse's Interest In The Marital Home, What Can They Do, John W. Fisher Ii
West Virginia Law Review
No abstract provided.
Bfp V. Resolution Trust Corporation: Supreme Court Shifts Focus Onto State Law In Ruling On Mortgage Foreclosure Sales, Audy M. Perry Jr.
Bfp V. Resolution Trust Corporation: Supreme Court Shifts Focus Onto State Law In Ruling On Mortgage Foreclosure Sales, Audy M. Perry Jr.
West Virginia Law Review
No abstract provided.
Erisa: Anti-Alienation Superiority In Bankruptcy, George Lee Flint Jr.
Erisa: Anti-Alienation Superiority In Bankruptcy, George Lee Flint Jr.
West Virginia Law Review
No abstract provided.
Insider Preference Recovery Against Non-Insider Creditors, Thomas E. Johnston
Insider Preference Recovery Against Non-Insider Creditors, Thomas E. Johnston
West Virginia Law Review
No abstract provided.
Proceeds In Bankruptcy: United Virginia Bank V. Slab Fork Coal Company, Jeffery L. Tarkenton
Proceeds In Bankruptcy: United Virginia Bank V. Slab Fork Coal Company, Jeffery L. Tarkenton
West Virginia Law Review
No abstract provided.
Confronting Close Corporate Status In West Virginia: Alternative Theories To Prevent Abuse To The Detriment Of Creditors, William E. Galeota
Confronting Close Corporate Status In West Virginia: Alternative Theories To Prevent Abuse To The Detriment Of Creditors, William E. Galeota
West Virginia Law Review
No abstract provided.
The Effects Of West Virginia's Bankruptcy Exemption Statute On Resident Debtors, Julia A. Chincheck
The Effects Of West Virginia's Bankruptcy Exemption Statute On Resident Debtors, Julia A. Chincheck
West Virginia Law Review
No abstract provided.
Employers' Workmen's Compensation Obligations And The Bankruptcy Tax Priority, James B. Haines
Employers' Workmen's Compensation Obligations And The Bankruptcy Tax Priority, James B. Haines
West Virginia Law Review
No abstract provided.
Bankruptcy Reform And The Constitution: Retroactive Application Of Section 522(F)(2) Takes Private Property, James B. Craven Iii, Pamela A. Bates-Smith
Bankruptcy Reform And The Constitution: Retroactive Application Of Section 522(F)(2) Takes Private Property, James B. Craven Iii, Pamela A. Bates-Smith
West Virginia Law Review
Bankruptcy is premised in part on the desire to allow individuals to retain enough assets to begin life over. As part of this premise, Congress enacted section 522(f)(2) of the Bankruptcy Act of 1978. This provision allows debtors to avoid nonpossessory, nonpurchase money security interests in otherwise exempt property. This provision has created problems, however, as debtors have argued that it acts retroactively to void security interests created before the Act's enactment date. In Rodrock v. Security Industrial Bank, the Supreme Court will decide whether Congress intended such retroactive application to occur, and if it did, whether such action constitutes …
An Enhanced Conception Of The Bankruptcy Judge: From Case Administrator To Unbiased Adjudicator, Richard L. Levine
An Enhanced Conception Of The Bankruptcy Judge: From Case Administrator To Unbiased Adjudicator, Richard L. Levine
West Virginia Law Review
This article is intended to provide the practitioner with an understanding of some of the considerations and circumstances which have helped define the extent of power of Bankruptcy Judges. Many of these considerations are unarticulated. It is the thesis of this article that in the Bankruptcy Reform Act of 1978, Congress established two principles, difficult at first glance to reconcile. On one hand, Congress has now increased the powers of Bankruptcy Judges in most respects. But on the other hand, Congress severely restricted the extent to which judges may properly become involved in those portions of bankruptcy cases which are …
Bankruptcy Preference Concerns In Industrial Development Bond Financing, C. Edward Dobbs, Margaret M. Joslin
Bankruptcy Preference Concerns In Industrial Development Bond Financing, C. Edward Dobbs, Margaret M. Joslin
West Virginia Law Review
This article suggests several methods by which investors in industrial development bonds may be protected, in the event of the bankruptcy of the corporate borrower, from the preferential transfer rules of the federal bankruptcy laws. The key to protecting the investors from having payments made to them set aside by the bankruptcy trustee as voidable preferences is shown to lie in the structuring of the bond transaction. The authors indicate how proper structuring of the bond transaction may allow investors to keep pre-bankruptcy payments made by the corporate borrower, while doing no violence to the terms of section 547 of …
Attorney Fees: Handling Bankruptcies Without Getting There Yourself, Edwin F. Flowers
Attorney Fees: Handling Bankruptcies Without Getting There Yourself, Edwin F. Flowers
West Virginia Law Review
By enacting the Bankruptcy Reform Act of 1978, Congress significantly increased the stature and influence of bankruptcy law in our legal system and in society. Consistent with this, Congress sought to improve the quality of legal services rendered to clients in bankruptcy. cases by enhancing the recoverability of attorney fees for such services. In this article, the author treats the criteria a bankruptcy court will likely employ in deciding the reasonableness and recoverability of an attorney fee for services in cases under the Reform Act. The author attempts to show that an attorney who uses some forthought and attention to …
Reflections On The Bankruptcy Laws Of The United States: The Debtor's Fresh Start, Frank R. Kennedy
Reflections On The Bankruptcy Laws Of The United States: The Debtor's Fresh Start, Frank R. Kennedy
West Virginia Law Review
No abstract provided.
Constitutional Law--Due Process Of Law--Creditors' Rights And Prejudgment Remedies, Thomas V. Flaherty
Constitutional Law--Due Process Of Law--Creditors' Rights And Prejudgment Remedies, Thomas V. Flaherty
West Virginia Law Review
No abstract provided.
Exemption Statutes--Yesterday's Protection At Today's Costs--An Update Needed, G. David Brumfield
Exemption Statutes--Yesterday's Protection At Today's Costs--An Update Needed, G. David Brumfield
West Virginia Law Review
No abstract provided.
Bankruptcy--Bankrupt Retains Accrued Vacation Pay, Glenn D. Brumfield
Bankruptcy--Bankrupt Retains Accrued Vacation Pay, Glenn D. Brumfield
West Virginia Law Review
No abstract provided.
Bankruptcy--New Approach To Dischargeability, Stephen P. Swisher
Bankruptcy--New Approach To Dischargeability, Stephen P. Swisher
West Virginia Law Review
No abstract provided.
Corporations--Directors' Liability To Corporate Creditors For Negligent Mismanagement, Paul R. Rice
Corporations--Directors' Liability To Corporate Creditors For Negligent Mismanagement, Paul R. Rice
West Virginia Law Review
No abstract provided.
Bankruptcy--Rights And Powers In Chapter Xiii, John T. Copenhaver Jr.
Bankruptcy--Rights And Powers In Chapter Xiii, John T. Copenhaver Jr.
West Virginia Law Review
An understanding of the rights and powers of the various parties involved in a Chapter XIII proceeding is not easily had. The statutory language is somewhat windblown, sometimes confused and frequently ambiguous. Reported decisions in Chapter XIII cases are few. However, Chapter XI, dealing with arrangements, and Chapter XIII, dealing with wage earner plans, contain many identical or quite similar provisions, so that an interpretation of one of the chapters often has significance as authority for a like position under the other chapter. Where such is the case, reference will be made to cases decided under or a treatise on …