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Bankruptcy Law

Selected Works

2009

Bankruptcy

Articles 1 - 5 of 5

Full-Text Articles in Law

Empirical And Policy Perspectives On Consumer Bankruptcy Law In The United States (In Endeudamiento Del Consumidor E Insolvencia Familiar), Melissa Jacoby Dec 2008

Empirical And Policy Perspectives On Consumer Bankruptcy Law In The United States (In Endeudamiento Del Consumidor E Insolvencia Familiar), Melissa Jacoby

Melissa B. Jacoby

This chapter, published in Spanish, offers new empirical data from the U.S. on consumer bankruptcy filers from the 2007 Consumer Bankruptcy Project, an evaluation of the two-chapter bankruptcy system, and proposals for structural reform.

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Chapter 11, Section 10, T. Fogg Dec 2008

Chapter 11, Section 10, T. Fogg

T. Keith Fogg

No abstract provided.

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A Step-By-Step Guide To Chapter 7 Consumer Bankruptcy In Arkansas From The Debtor's Perspective, Timothy R. Tarvin Dec 2008

A Step-By-Step Guide To Chapter 7 Consumer Bankruptcy In Arkansas From The Debtor's Perspective, Timothy R. Tarvin

Timothy R Tarvin

With record levels of unemployment in Arkansas contributing to rising bankruptcy filings, the increased demand for bankruptcy representation should incentivize attorneys to consider developing a fundamental working knowledge of bankruptcy law. This article provides a resource guide for the assessment, preparation and filing of consumer chapter 7 (liquidation) individual and joint bankruptcies. The article’s scope includes: (1) an overview of bankruptcy; (2) background on debtor-creditor law generally; (3) relevant sources of bankruptcy and non-bankruptcy law and procedure; (4) distinctions among the various types of consumer bankruptcy; (5) the steps in a typical chapter 7 case; (6) information on the official …

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Home Mortgage Problems Through The Lens Of Bankruptcy, Melissa B. Jacoby Dec 2008

Home Mortgage Problems Through The Lens Of Bankruptcy, Melissa B. Jacoby

Melissa B. Jacoby

Based on a lecture at a predatory lending conference at Loyola University New Orleans School of Law, this brief paper discusses the 2007 Consumer Bankruptcy Project and how the empirical study of bankruptcy law informs our understanding of the intersection of mortgages and homeownership with financial distress, and whether bankruptcy can provide meaningful redress.

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Bankruptcy Law's Treatment Of Creditors' Jury-Trial And Arbitration Rights, Stephen Ware Dec 2008

Bankruptcy Law's Treatment Of Creditors' Jury-Trial And Arbitration Rights, Stephen Ware

Stephen Ware

Bankruptcy law treats the constitutional jury right with less deference than the, merely statutory, right to arbitrate. But this apparent anomaly is actually the plausible result of a limitation within the Seventh Amendment jury right, its applicability only to claims at law but not claims in equity. The right to arbitrate is not similarly limited. So creditors seeking to arbitrate claims by and against debtors in bankruptcy are not defeated by longstanding holdings placing such claims on the equity side of the law/equity line. In contrast, creditors seeking jury trials of claims by and against debtors in bankruptcy are defeated …

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