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Articles 1 - 18 of 18
Full-Text Articles in Law
Bankruptcy Law, Richard C. Maxwell, B. Webb King
Bankruptcy Law, Richard C. Maxwell, B. Webb King
University of Richmond Law Review
No abstract provided.
An Appeal To Equity: Why Bankruptcy Courts Should Resort To Equitable Powers For Latitude In Their Interpretation Of "Interests" Under Section 363(F) Of The Bankruptcy Code, Matthew T. Gunlock
An Appeal To Equity: Why Bankruptcy Courts Should Resort To Equitable Powers For Latitude In Their Interpretation Of "Interests" Under Section 363(F) Of The Bankruptcy Code, Matthew T. Gunlock
William & Mary Law Review
No abstract provided.
Bankruptcy Filing Rates After A Major Hurricane, Robert M. Lawless
Bankruptcy Filing Rates After A Major Hurricane, Robert M. Lawless
Nevada Law Journal
No abstract provided.
Brazil Enacts New Federal Bankruptcy Law, Gilberto Deon Correa, Ricardo C. Veirano
Brazil Enacts New Federal Bankruptcy Law, Gilberto Deon Correa, Ricardo C. Veirano
Brigham Young University International Law & Management Review
No abstract provided.
Preference Determinations Concerning Bankruptcy Reform Act Of 1978 And Securities Act Of 1933, Securities And Exchange Act Of 1934, And Commodity Exchange Act, J. B. Grossman
University of Arkansas at Little Rock Law Review
No abstract provided.
The Gendered Dimensions Of Social Insurance For The "Non-Poor" In Canada, Stephanie Ben-Ishai
The Gendered Dimensions Of Social Insurance For The "Non-Poor" In Canada, Stephanie Ben-Ishai
Osgoode Hall Law Journal
This article emerges from an exploration of the meanings of consumer bankruptcy in the current context of Canadian society, as well as the role consumer bankruptcy plays in shaping this context. Examining consumer bankruptcy through the lens of gender relations, the claim is made that Canadian consumer bankruptcy legislation, policies, practices, and accompanying discourses are implicated in the causation and perpetuation of the conditions of marginalization and subordination endured by women who experience long-term poverty. These women are affected not only in terms of access to the bankruptcy system, but also by the broader implications of the delivery of consumer …
Judicial Estoppel And The Eleventh Circuit Consumer Bankruptcy Debtor, James D. Walker Jr., Amber Nickell
Judicial Estoppel And The Eleventh Circuit Consumer Bankruptcy Debtor, James D. Walker Jr., Amber Nickell
Mercer Law Review
Judicial estoppel is an equitable doctrine intended to prevent a litigant from making a mockery of the judicial system by asserting inconsistent positions in different legal proceedings. The peculiarities of bankruptcy, however, are not always conducive to the easy application of judicial estoppel, particularly when it harms the debtor's creditors. Since the Eleventh Circuit Court of Appeals decided its first bankruptcy-related judicial estoppel case in 2002, the court has not fully addressed some important complexities raised by bankruptcy.
Bankruptcy, James D. Walker Jr., Amber Nickell
Bankruptcy, James D. Walker Jr., Amber Nickell
Mercer Law Review
No one topic dominated bankruptcy cases arising in the Eleventh Circuit in 2004, but several developments took center stage. First, judicial estoppel re-emerged as a tool used to prevent a windfall to the debtor when the trustee is the real party in interest. Second, any benefit accruing to debtors after last year's Supreme Court decision on state sovereign immunity may have been effectively eliminated by a recent circuit court decision. Third, student loan creditors endeavored to eviscerate the last remnants of the undue hardship discharge by invoking the availability of the income contingent repayment plan. This Article addresses these and …
Chapter 7 Bankruptcy And Section 707(B): Should The Subjective "Substantial Abuse" Standard Be Replaced By An Objective "Means-Testing" Formula?, J. Kaz Espy
Mercer Law Review
Because our society has become more and more reliant on the concept of "credit," the level of individual indebtedness has risen and, as a direct corollary, individual filings for bankruptcy relief have also increased. Credit can be beneficial to John D. Consumer ("Consumer") by allowing him to take possession of goods and pay for them at a later date. This in turn stimulates the economy by giving consumers more buying power. However, when Consumer fails to use discretion in his use of credit, he quickly finds out how the seemingly wonderful concept of credit can become a nightmare. If Consumer …
Institutions, Incentives, And Consumer Bankruptcy Reform, Todd J. Zywicki
Institutions, Incentives, And Consumer Bankruptcy Reform, Todd J. Zywicki
Washington and Lee Law Review
No abstract provided.
Foxes Guarding The Henhouse: The Modern Best Interests Of Creditors Test In Chapter 11 Reorganizations, Jonathan Hicks
Foxes Guarding The Henhouse: The Modern Best Interests Of Creditors Test In Chapter 11 Reorganizations, Jonathan Hicks
Nevada Law Journal
No abstract provided.
New Challenges Following Bankruptcy Reform, Jeana Kim Reinbold
New Challenges Following Bankruptcy Reform, Jeana Kim Reinbold
Public Interest Law Reporter
No abstract provided.
La Responsabilisation De L'Economie: What The United States Can Learn From The New French Law On Consumer Overindebtedness, Jason J. Kilborn
La Responsabilisation De L'Economie: What The United States Can Learn From The New French Law On Consumer Overindebtedness, Jason J. Kilborn
Michigan Journal of International Law
This Article on the French law continues a study of European consumer debt-relief systems, which the author began previously in an article on the German system. With rapid legal and practical developments in consumer debt-relief law, Europe provides an excellent comparative legal laboratory for observing the potential benefits and pitfalls of consumer bankruptcy reforms. In particular, French and German experiences with long-term payment plans shed useful light on the great debate raging in the United States over similar plans.
The "New And Improved" Chapter 11, Stephen J. Lubben
The "New And Improved" Chapter 11, Stephen J. Lubben
Kentucky Law Journal
No abstract provided.
Mayday, Mayday!: How The Current Bankruptcy Code Fails To Protect The Pensions Of Employees, Amy Lassiter
Mayday, Mayday!: How The Current Bankruptcy Code Fails To Protect The Pensions Of Employees, Amy Lassiter
Kentucky Law Journal
No abstract provided.
Not-So-Critical Vendors: Redefining Critical Vendor Orders, Christopher D. Hunt
Not-So-Critical Vendors: Redefining Critical Vendor Orders, Christopher D. Hunt
Kentucky Law Journal
No abstract provided.
Can The Sauvegarde Reform Save French Bankruptcy Law?: A Comparative Look At Chapter 11 And French Bankruptcy Law From An Agency Cost Perspective, Robert Weber
Michigan Journal of International Law
This Note will attempt to explain the intersection of agency costs and bankruptcy law, looking first to general agency problems involved when firms are insolvent and moving next to discussions of how U.S. Chapter 11 and French bankruptcy laws attempt to address these problems. First, I will attempt to articulate the relationship between agency costs and (1) debtor control over the firm during Chapter 11 reorganizations and (2) deviations from the absolute priority rule in Chapter 11. Specifically, I will argue that creditors voluntarily accede to plans proposed by management that impair the same creditors' legal entitlements, and that this …
In Re Adelphia Communications Corp. (Decided Dec. 5, 2003), Phillip Mahoney
In Re Adelphia Communications Corp. (Decided Dec. 5, 2003), Phillip Mahoney
NYLS Law Review
No abstract provided.