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Full-Text Articles in Law
Ten Years After Consumer Bankruptcy Reform In The United States: A Decade Of Diminishing Hope And Fairness, Robert J. Landry Iii
Ten Years After Consumer Bankruptcy Reform In The United States: A Decade Of Diminishing Hope And Fairness, Robert J. Landry Iii
Catholic University Law Review
The tenth anniversary of the effective date of Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (Reform Act), the largest reform to the consumer bankruptcy in the United States in a quarter of a century, will be marked in October of 2015. Prior to, and since its passage, scores of scholars have theorized about the impact of the Reform Act. The vast majority of research since its passage shows that the Reform Act has not had a long-term impact on filing rates. With this backdrop, the paper explores how the virtues of fairness for creditors and hope for individuals …
Section 547(C)(2) Of The Bankruptcy Code: The Ordinary Course Of Business Exception Without The 45 Day Rule, David J. Desimone
Section 547(C)(2) Of The Bankruptcy Code: The Ordinary Course Of Business Exception Without The 45 Day Rule, David J. Desimone
Akron Law Review
This article will look at some of the principles set forth by case law and provide a more structured method of analyzing cases under section 547(c) (2). In addition, it will examine a few problem areas that are certain to arise in section 547(c) (2) litigation in the near future: (1) Does section 547(c) (2) now protect principal payments on long term debt?; and, (2) will section 547(c) (2) protect a payment to one creditor when all or nearly all other creditors were not paid during the preference period? But before doing so, a short explanation of the Code's definition …
Curbing The Exploitation Of Passive Creditors In Chapter 11 Reorganization By Leveraging The Oversight Role Of The United States Trustee, Addison Pierce
Curbing The Exploitation Of Passive Creditors In Chapter 11 Reorganization By Leveraging The Oversight Role Of The United States Trustee, Addison Pierce
American University Business Law Review
No abstract provided.
Effects Of The New Bankruptcy Code On Creditors With Secured Claims In Residential Real Property, Richard Mednick
Effects Of The New Bankruptcy Code On Creditors With Secured Claims In Residential Real Property, Richard Mednick
Pepperdine Law Review
The sweeping changes brought about by the Bankruptcy Reform Act of 1978 may have a profound effect on the secured interests of lenders. The rights of a creditor against a debtor, and the procedure that he must follow vary with the chapter of the new Bankruptcy Code under which the debtor files his claim. Richard Mednick, a Judge on the Bankruptcy Court for the Central District of California, explains the procedures required and the interest affected by the most commonly invoked chapters of the new code. Judge Mednick strongly urges that creditors become familiar with these changes, as some new …
A New Approach To Section 363(F)3, Evan F. Rosen
A New Approach To Section 363(F)3, Evan F. Rosen
Michigan Law Review
Section 363(f) of the Bankruptcy Code provides five circumstances in which a debtor may be permitted to sell property free of all claims and interests, outside of the ordinary course of business, and prior to plan confirmation. One of those five circumstances is contained in § 363(f)(3), which permits such a sale where the "interest is a lien and the price at which such property is to be sold is greater than the aggregate value of all liens on such property." While it is far from certain whether § 363(f)(3) requires a price "greater than the aggregate [face value] of …
Chapter 15 And The Advancement Of International Cooperation In Cross-Border Bankruptcy Proceedings, Bryan Stark
Chapter 15 And The Advancement Of International Cooperation In Cross-Border Bankruptcy Proceedings, Bryan Stark
Richmond Journal of Global Law & Business
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 Political Economy Of The Bankruptcy Reform Act Of 1978, Eric A. Posner
The Political Economy Of The Bankruptcy Reform Act Of 1978, Eric A. Posner
Michigan Law Review
These are the goals of this article. In particular, this article analyzes the legislative history of the Bankruptcy Reform Act of 19783 and related materials, in the hope of describing the influence of interest groups on the final statute. It has, of course, long been assumed that certain narrow provisions of the 1978 Act reflect the influence of interest groups - for example, the section that gives special protection to security and lease interests in aircraft. This article goes farther and argues that fundamental elements of the 1978 Act reflect political compromises among competing interest groups. In particular, I claim …
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.
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
Conversion Of Nonexempt Property To Exempt Property On The Eve Of Bankruptcy In Arkansas, J. Thomas Hardin
Conversion Of Nonexempt Property To Exempt Property On The Eve Of Bankruptcy In Arkansas, J. Thomas Hardin
University of Arkansas at Little Rock Law Review
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.
Avoiding Liens Under The New Bankruptcy Code: Construction And Application Of Section 522(F), Judy Toyer
Avoiding Liens Under The New Bankruptcy Code: Construction And Application Of Section 522(F), Judy Toyer
University of Michigan Journal of Law Reform
This Note argues that strict construction of section 522(f)(2) is most consistent with congressional intent. Part I discusses the congressional rationale behind lien avoidance. Part II examines present efforts to apply section 522(f)(2), and concludes that judicial interpretation to date has proved largely inadequate. Finally, Part III proposes new judicial guidelines and statutory amendments designed to standardize application of the lien avoidance provision in a manner consistent with the congressional intent behind the Reform Act.
Estates By The Entirety In Bankruptcy, Frank J. Spivak
Estates By The Entirety In Bankruptcy, Frank J. Spivak
University of Michigan Journal of Law Reform
This Note argues that the exemption for entirety property should be abolished. Part I examines the treatment of entirety property under the Code and illustrates the conflict between the entirety exemption and ·federal bankruptcy policy. Part II discusses procedural devices that creditors employ to subject entirety property to bankruptcy distribution.
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.
Evaluation Of A Bar Applicant's Moral Character: May A State Consider The Circumstances Surrounding A Discharge In Bankruptcy, William Owen Weiss
Evaluation Of A Bar Applicant's Moral Character: May A State Consider The Circumstances Surrounding A Discharge In Bankruptcy, William Owen Weiss
Indiana Law Journal
No abstract provided.
Bankruptcy Court Jurisdiction To Modify Alimony Payments Of Chapter 13 Debtors, Peter Swiecicki
Bankruptcy Court Jurisdiction To Modify Alimony Payments Of Chapter 13 Debtors, Peter Swiecicki
University of Michigan Journal of Law Reform
This article examines a bankruptcy court's power to modify a chapter 13 debtor's alimony payments. Part I discusses the bankruptcy court's jurisdiction in chapter 13 cases and the connection between the chapter 13 case and alimony modification proceedings. It then outlines the domestic relations limitation and the resulting conflict between bankruptcy courts and state courts with respect to alimony modification. Part II analyzes various arguments for and against allowing bankruptcy courts to hear alimony modification requests in chapter 13 cases. This analysis reveals that any state interests are far outweighed by the substantial benefits to be gained from consolidating the …
Consumer Warranty Claims Against Companies In Chapter 11 Reorganizations, Elizabeth Warner
Consumer Warranty Claims Against Companies In Chapter 11 Reorganizations, Elizabeth Warner
University of Michigan Journal of Law Reform
This article examines the rights of individuals who have purchased warranted goods from a business that subsequently undergoes reorganization under Chapter 11 of the Bankruptcy Reform Act of 1978. Part I establishes that warranty rights are claims in bankruptcy and outlines the procedure that must be followed by a creditor for distribution from the debtor's estate. Part II focuses on how warranty claims are treated in Chapter 11. Part III discusses ways to alleviate the warranty creditor's representational burden, particularly through the intervention and aid of public interest groups. This article concludes that . warranty creditors will receive favorable treatment …