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Articles 1 - 20 of 20
Full-Text Articles in Law
A Void In Avoidance Powers? The Bankruptcy Trustee's Inability To Assert Damages Claims On Behalf Of Creditors Against Third Parties, Bryan D. Hull
A Void In Avoidance Powers? The Bankruptcy Trustee's Inability To Assert Damages Claims On Behalf Of Creditors Against Third Parties, Bryan D. Hull
University of Miami Law Review
No abstract provided.
The Priority Battle Over Returned And Repossessed Goods, Michael A. Birrer
The Priority Battle Over Returned And Repossessed Goods, Michael A. Birrer
Vanderbilt Law Review
Article 9 of the Uniform Commercial Code (the Code) governs secured transactions in personal property and fixtures.' When more than one creditor has a security right in the same piece of collateral, the Article 9 rules of priority determine the order in which each creditor may satisfy his claim. The creditor with the highest priority rank gets paid first, and, if his claim exceeds the amount of the proceeds, junior creditors take nothing. Consequently, creditors want to determine their priority rights in collateral before extending credit. If one creditor determines that another creditor will have priority over its security interest, …
The Perils Of Nationwide Service Of Process In A Bankruptcy Context, Jeffrey T. Ferriell
The Perils Of Nationwide Service Of Process In A Bankruptcy Context, Jeffrey T. Ferriell
Washington and Lee Law Review
No abstract provided.
A Rule Unvanquished: The New Value Exception To The Absolute Priority Rule, Clifford S. Harris
A Rule Unvanquished: The New Value Exception To The Absolute Priority Rule, Clifford S. Harris
Michigan Law Review
This Note examines whether the new value exception remains part of the revised Bankruptcy Code. Part I discusses the background of the new value exception. Part II traces the development of the conflict concerning the survival of the new value exception subsequent to the adoption of the Code. It then discusses the Supreme Court's opinions in Mid/antic National Bank v. New Jersey Department of Environmental Protection and its progeny, which established the methodology for determining the impact of the revised Bankruptcy Code on preexisting bankruptcy law. Based on an analysis of the Midlantic doctrine, Part II concludes that Congress did …
Bankruptcy, W. Homer Drake, James W. Dilz
Bankruptcy, W. Homer Drake, James W. Dilz
Mercer Law Review
The United States Court of Appeals for the Eleventh Circuit decided numerous cases arising under the Bankruptcy Code (the "Code"), during 1990 that covered a wide spectrum of topics. The court adopted a test for analyzing the bankruptcy nexus of noncore litigation to help define the bounds of the bankruptcy court's subject matter jurisdiction. The court quelled concern over preferences in the retail automobile industry by holding that security interests perfected in accordance with state law may not be set aside in bankruptcy. The Chapter 13 practice has been changed in many bankruptcy courts in the aftermath of two appellate …
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.
Chapter 13'S Liberal Discharge Provisions And "Willful And Malicious" Tort Judgments: Creditor Classification As A Means Of Accounting For The Debtor's Egregious Action, Robert L. Miller
William & Mary Law Review
No abstract provided.
Bankruptcy Policy: Toward A Moral Justification For Financial Rehabilitation Of The Consumer Debtor, Richard E. Flint
Bankruptcy Policy: Toward A Moral Justification For Financial Rehabilitation Of The Consumer Debtor, Richard E. Flint
Washington and Lee Law Review
No abstract provided.
Begier V. Irs, Guy Lamoyne Black
Begier V. Irs, Guy Lamoyne Black
Brigham Young University Journal of Public Law
No abstract provided.
Granfinanciera, Northern Pipeline, And "Public Rights": May A Bankruptcy Judge Preside Over A Jury Trial?, Mitchell Hall
Granfinanciera, Northern Pipeline, And "Public Rights": May A Bankruptcy Judge Preside Over A Jury Trial?, Mitchell Hall
Kentucky Law Journal
No abstract provided.
Public Policy Concerns Prevent Application Of Comity To Foreign Bankruptcy Proceedings That Discriminate Against Tax Obligations Owed To The United States Government, Michael P. Bigelow
Public Policy Concerns Prevent Application Of Comity To Foreign Bankruptcy Proceedings That Discriminate Against Tax Obligations Owed To The United States Government, Michael P. Bigelow
Vanderbilt Journal of Transnational Law
This Case Comment explores the application of comity to foreign bankruptcy proceedings, particularly when comity would render the Internal Revenue Service a general unsecured creditor in bankruptcy. The United States Court of Appeals for the Fifth Circuit held on public policy grounds that comity should not be accorded to a Luxembourg bankruptcy proceeding that discriminated against tax obligations owed to the United States government. This Case Comment discusses the factual setting for the instant decision and presents a brief history of transnational insolvency law. The author finds that the law of transnational insolvency is inconsistent and underdeveloped and that the …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Bankruptcy Law, Michael A. Condyles
Annual Survey Of Virginia Law: Bankruptcy Law, Michael A. Condyles
University of Richmond Law Review
This survey article reviews and analyzes legislative and judicial developments that have occurred in bankruptcy law between April 1989 and April 1991. This article intends to alert the general practitioner to significant recent developments in the bankruptcy area. The article focuses on legislative changes that have been made to the Bankruptcy Code and to Virginia statutory law, along with federal bankruptcy decisions issued within the Fourth Circuit. Where appropriate, Virginia state court cases dealing with bankruptcy issues are also addressed.
Bankruptcy: Pennsylvania Welfare Department V. Davenport: The Supreme Court Officially Declares Safe Passage For Criminal Offenders Via Chapter 13: Are Criminal Penalties Within The Scope Of The Bankruptcy Code?, Robert Finley Dougherty
Bankruptcy: Pennsylvania Welfare Department V. Davenport: The Supreme Court Officially Declares Safe Passage For Criminal Offenders Via Chapter 13: Are Criminal Penalties Within The Scope Of The Bankruptcy Code?, Robert Finley Dougherty
Oklahoma Law Review
No abstract provided.
Licenses, Trademarks, And Bankruptcy, Oh My: Trademark Licensing And The Perils Of Licensor Bankruptcy, 25 J. Marshall L. Rev. 143 (1991), David M. Jenkins
Licenses, Trademarks, And Bankruptcy, Oh My: Trademark Licensing And The Perils Of Licensor Bankruptcy, 25 J. Marshall L. Rev. 143 (1991), David M. Jenkins
UIC Law Review
No abstract provided.
The Implementation Of Bankruptcy Code Section 707(B): The Law And The Reality, Wayne R. Wells, Janell M. Kurtz, Robert J. Calhoun
The Implementation Of Bankruptcy Code Section 707(B): The Law And The Reality, Wayne R. Wells, Janell M. Kurtz, Robert J. Calhoun
Cleveland State Law Review
The introduction of section 707(b) to the bankruptcy code has raised many difficult interpretational issues. This article focuses on those issues concerning the implementation of section 707(b). Under the law, only the courts and the U.S. Trustees are permitted to raise the issue of substantial abuse. Therefore, to determine how section 707(b) is actually being administered, a survey was distributed to the U.S. Bankruptcy Courts and the U.S. Trustees. The results of the survey are integrated into a discussion of the current status of the law and presented in this article. This analysis identifies serious shortcomings with the law that …
Personal Liability Of A Bankruptcy Trustee Since Midlantic National Bank V. New Jersey Department Of Environmental Protection: The Environmental Law And Bankruptcy Code Conflict Threatens To Engulf Bankruptcy Trustees, D. Ethan Jeffery
Villanova Environmental Law Journal
No abstract provided.
Equipment Lessors And Secured Parties In Bankruptcy: An Argument For Coherence, Margaret Howard
Equipment Lessors And Secured Parties In Bankruptcy: An Argument For Coherence, Margaret Howard
Washington and Lee Law Review
No abstract provided.
"Consecutive" Chapter 11 Filings: Use Or Abuse?, Jonathan Moss
"Consecutive" Chapter 11 Filings: Use Or Abuse?, Jonathan Moss
Fordham Urban Law Journal
This Note argues that bankrtupcy courts should apply a good faith standard that imposes a higher level of scrutiny before permitting a debtor to proceed with a second filing and plan. This Note proceeds to analyze the good faith standards for consecutive Chapter 11 petitions established in different jurisdictions. This Note then proceeds to explore the threat consecutive provisions pose to the Bankruptcy Code's lease and executory contract provisions. This Note then analyzes how consecutive filings can undermine the Code's basic creditor protections, and concludes that courts should apply a rigorous good faith standard consistent with recent decisions from the …