Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Bankruptcy (4)
- Bankruptcy Code (3)
- Bankruptcy law (2)
- Jurisdiction (2)
- "cram down" provision (1)
-
- "fair and equitable" (1)
- "necessities of life" argument (1)
- 11 USC 105(A) (1)
- Absolute priority (1)
- Automatic stay in bankruptcy (1)
- Bankruptcy Act (1)
- Bankruptcy Amendment Act (1)
- Bankruptcy Amendments and Federal Judgeship Act (1)
- Bankruptcy discharge of debt (1)
- Chapter 11 (1)
- Chapter 13 (1)
- Chapter 7 (1)
- Consumers (1)
- Credit industry (1)
- Creditor (1)
- Debt (1)
- Debt discharge (1)
- Debtor (1)
- Debts (1)
- Due process (1)
- Economic reform (1)
- Exemption (1)
- Extradition proceedings (1)
- Fourteenth amendment (1)
- International trade law (1)
Articles 1 - 20 of 20
Full-Text Articles in Law
Assumption Of Unexpired Leases Under Bankruptcy Code Section 365(D)(4), Ronald W. Truman
Assumption Of Unexpired Leases Under Bankruptcy Code Section 365(D)(4), Ronald W. Truman
BYU Law Review
No abstract provided.
Constitutional Law—Due Process—Garnishment Procedures Must Provide For Notice To Postjudgment Debtor, Kathleen A. Hillegas
Constitutional Law—Due Process—Garnishment Procedures Must Provide For Notice To Postjudgment Debtor, Kathleen A. Hillegas
University of Arkansas at Little Rock Law Review
No abstract provided.
Section 707(B) Of The Bankruptcy Code: A Roadmap With A Proposed Standard For Defining Substantial Abuse, David L. Balser
Section 707(B) Of The Bankruptcy Code: A Roadmap With A Proposed Standard For Defining Substantial Abuse, David L. Balser
University of Michigan Journal of Law Reform
This Note examines these questions and proposes a standard for determining "substantial abuse." Part I provides an overview of Chapter 7 of the Bankruptcy Code. Part II discusses the legislative history of section 707(b). Part III examines the jurisdictional and procedural questions raised by the section and attempts to define what Congress meant by "primarily consumer debts" and "on [a court's] own motion." Part IV proposes a two-part standard for determining "substantial abuse." This standard suggests that courts should find "substantial abuse" whenever a debtor acts in bad faith or is able to repay 100% of his debts over the …
Bankruptcy—Labor Contribution By Juror Interest Satisfies Fair And Equitable Standard For Cram Down, Kimberly Golden
Bankruptcy—Labor Contribution By Juror Interest Satisfies Fair And Equitable Standard For Cram Down, Kimberly Golden
University of Arkansas at Little Rock Law Review
No abstract provided.
The Continuing Conflict Between Bankruptcy And Labor Law-The Issues That Bildisco And The 1984 Bankruptcy Amendments Did Not Resolve, Thomas R. Haggard
The Continuing Conflict Between Bankruptcy And Labor Law-The Issues That Bildisco And The 1984 Bankruptcy Amendments Did Not Resolve, Thomas R. Haggard
BYU Law Review
No abstract provided.
Third-Party Computer Leases: The Effect Of The Lessor's Bankruptcy, 6 Computer L.J. 573 (1986), Charles S. Cohen
Third-Party Computer Leases: The Effect Of The Lessor's Bankruptcy, 6 Computer L.J. 573 (1986), Charles S. Cohen
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Bankruptcy Law Of The People's Republic Of China: Principle, Procedure & Practice, Henry R. Zheng
Bankruptcy Law Of The People's Republic Of China: Principle, Procedure & Practice, Henry R. Zheng
Vanderbilt Journal of Transnational Law
The Enterprise Bankruptcy Law of the People's Republic of China (For Trial Use) (the National Act), promulgated on December 2, 1986, is the first bankruptcy legislation applicable nationwide in the People's Republic of China (PRC or China). At the same time, some regional governments have also enacted regional bankruptcy laws with very limited geographic application. The National Act applies only to state-owned Chinese enterprises, while one regional bankruptcy regulation applies exclusively to foreign investment enterprises." The PRC thus has developed two parallel bankruptcy regimes. The introduction of a bankruptcy system in China represents a significant development in the economic relationship …
The Enterprise Bankruptcy Law Of The People's Republic Of China (For Trial Use): A Translation, Henry R. Zheng
The Enterprise Bankruptcy Law Of The People's Republic Of China (For Trial Use): A Translation, Henry R. Zheng
Vanderbilt Journal of Transnational Law
Art. 1. This law is enacted to meet the need for development of the planned socialist commodity economy and for economic reform, to promote the independence of business management of the enterprises under the ownership by the whole people, to strengthen the system of economic responsibility and democratic management, to improve business management and economic performance, and to protect the lawful rights and interests of debtors and creditors. Art. 2. This law applies to enterprises under the ownership of the whole people.
Art. 3. Enterprises that sustain serious loss due to inappropriate management and that are unable to pay off …
The Bankruptcy Dynamics Of Collective Bargaining Agreements, 19 J. Marshall L. Rev. 301 (1986), Richard L. Merrick
The Bankruptcy Dynamics Of Collective Bargaining Agreements, 19 J. Marshall L. Rev. 301 (1986), Richard L. Merrick
UIC Law Review
No abstract provided.
When Lawyer And Client Meet: Observations Of Interviewing And Counseling Behavior In The Consumer Bankruptcy Law Office, Gary Neustadter
When Lawyer And Client Meet: Observations Of Interviewing And Counseling Behavior In The Consumer Bankruptcy Law Office, Gary Neustadter
Buffalo Law Review
No abstract provided.
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 …
Reaffirmation Under The Consumer Bankruptcy Amendments Of 1984: A Loser For All Concerned , Jeffrey W. Morris, Joseph E. Ulrich
Reaffirmation Under The Consumer Bankruptcy Amendments Of 1984: A Loser For All Concerned , Jeffrey W. Morris, Joseph E. Ulrich
Washington and Lee Law Review
No abstract provided.
Labor Arbitration And Bankruptcy: A Trek Into The Serbonian Bog, Thomas R. Haggard
Labor Arbitration And Bankruptcy: A Trek Into The Serbonian Bog, Thomas R. Haggard
Loyola University Chicago Law Journal
No abstract provided.
Case Comment, Laura F. Howard
Case Comment, Laura F. Howard
Vanderbilt Journal of Transnational Law
SCOPE OF REVIEW IN EXTRADITION PROCEEDINGS: The Government Cannot Appeal A Denial of Extradition Request Based on the Declaratory Judgment Act --United States v. Doherty, 786 F.2d 491 (2d Cir. 1986).
BANKRUPTCY--Section 304 Of The Bankruptcy Code Is Not An Exclusive Remedy In A Nonbankruptcy Court, Cunard Steamship Co.Ltd. v. Salen Reefer Serv. A.B., 773 F.2d 452 (2d Cir. 1985).
Creditor Equality In Transnational Bankruptcies: The United States Position, Ulrich Huber
Creditor Equality In Transnational Bankruptcies: The United States Position, Ulrich Huber
Vanderbilt Journal of Transnational Law
In addition to giving a fresh start to the debtor, a primary goal of bankruptcy law (at least of liquidation bankruptcy) is to distribute equally the debtor's assets to his creditors. Although the Bankruptcy Reform Act of 1978 and its 1984 Amendments (collectively "the Code") provide many ways of achieving this goal in domestic bankruptcies, these methods often prove to be of little help when a debtor's assets are located in more than one country.
Equality of creditors regardless of their origin, however, is considered essential for the development of international trade. International trade has grown substantially, if not explosively, …
Circumventing State Court Orders Of Criminal Restitution: A Bankruptcy Loophole, 19 J. Marshall L. Rev. 449 (1986), Michelangelo Scafidi
Circumventing State Court Orders Of Criminal Restitution: A Bankruptcy Loophole, 19 J. Marshall L. Rev. 449 (1986), Michelangelo Scafidi
UIC Law Review
No abstract provided.
Torts - Joint Tortfeasors - Release In Favor Of Joint Tortfeasor Who Files Petition In Bankruptcy Before Paying Agreed Settlement Will Be Applied As Pro Rata Reduction Of Plaintiff's Judgment Against Nonsettling Joint Tortfeasors, Lisa A. Demarco
Villanova Law Review
No abstract provided.
Bankruptcy: Dischargeability Of Restitutive Conditions Of Probation - Criminals Find Refuge In The Provisions Of The Bankruptcy Reform Act Of 1978, Seamus C. Duffy
Bankruptcy: Dischargeability Of Restitutive Conditions Of Probation - Criminals Find Refuge In The Provisions Of The Bankruptcy Reform Act Of 1978, Seamus C. Duffy
Villanova Law Review
No abstract provided.
The Automatic Stay In Bankruptcy, John Francis Murphy
The Automatic Stay In Bankruptcy, John Francis Murphy
Cleveland State Law Review
This article describes the automatic stay in bankruptcy proceedings. Section I explains the purpose of the automatic stay, lays out the history and scope of the stay, and lists parties that can be protected by the stay. Section II briefly describes how the scope of the automatic stay may be increased by a party’s motion, under 11 USC 105(A). Section III discusses the effects of violations of the stay, and gives remedies for such violations. Section IV gives a detailed explanation of possible modifications of the automatic stay, as well as how it may be terminated. Finally, Section V rounds …