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Articles 31 - 42 of 42
Full-Text Articles in Law
Modified Plans Of Reorganization And The Basic Chapter 13 Bargain, David G. Carlson
Modified Plans Of Reorganization And The Basic Chapter 13 Bargain, David G. Carlson
Faculty Articles
A very large number of chapter 13 plans are confirmed each year. Unlike chapter 11 plans (for non-individuals), these plans may be revised after confirmation. The modification provisions of the Bankruptcy Code, however, give very little guidance as to what constitutes a permissible modification. In contrast, confirmation of the original plan is very carefully governed. This article theorizes that modification must honor the basic chapter 13 bargain. According to this bargain, the debtor is entitled to the bankruptcy estate and the creditors are entitled to net surplus income. The article assesses whether the diffuse and disorganized caselaw of modification adheres …
Intellectualizing Property: The Tenuous Connections Between Land And Copyright, Stewart E. Sterk
Intellectualizing Property: The Tenuous Connections Between Land And Copyright, Stewart E. Sterk
Faculty Articles
Increased use of the intellectual property label to describe copyright and related areas of law has spawned analogies to the protections afforded real property. These analogies ignore significant differences between the foundations that undergird real and intellectual property rights. In particular, real property rights operate to avoid breaches of the peace and tragedies of the commons - problems that do not arise with intellectual works - while copyright and other intellectual property rights are designed to provide an incentive to create, an incentive irrelevant when land is at issue. These disparities in justification caution against routine importation of real property …
The Logical Structure Of Fraudulent Transfers And Equitable Subordination, David G. Carlson
The Logical Structure Of Fraudulent Transfers And Equitable Subordination, David G. Carlson
Faculty Articles
No abstract provided.
The Classification Veto In Single-Asset Cases Under Bankruptcy Code Section 1129(A)(10), David G. Carlson
The Classification Veto In Single-Asset Cases Under Bankruptcy Code Section 1129(A)(10), David G. Carlson
Faculty Articles
No abstract provided.
Postpetition Security Interests Under The Bankruptcy Code, David G. Carlson
Postpetition Security Interests Under The Bankruptcy Code, David G. Carlson
Faculty Articles
Section 364(c) and (d) of the Bankruptcy Code provides for the creation of security interests in real and personal property under federal law. In this Article, David Gray Carlson discusses the quality and nature of these federal security interests, their remarkable immunity from reversal on appeal, and the ability of postpetition lenders to obtain preferences over other creditors through "cross-collateralization" clauses and the like.
The Trustee’S Strong Arm Power Under The Bankruptcy Code, David G. Carlson
The Trustee’S Strong Arm Power Under The Bankruptcy Code, David G. Carlson
Faculty Articles
No abstract provided.
Is Fraudulent Conveyance Law Efficient?, David G. Carlson
Is Fraudulent Conveyance Law Efficient?, David G. Carlson
Faculty Articles
No abstract provided.
Successor Liability In Bankruptcy: Some Unifying Themes Of Intertemporal Creditor Priorities Created By Running Covenants, Products Liability, And Toxic-Waste Cleanup, David G. Carlson
Faculty Articles
No abstract provided.
Leveraged Buyouts In Bankruptcy, David G. Carlson
Leveraged Buyouts In Bankruptcy, David G. Carlson
Faculty Articles
No abstract provided.
The Impact Of A Solvent Corporation's Reorganization On Products Liability Claimants, Hal B. Perkins
The Impact Of A Solvent Corporation's Reorganization On Products Liability Claimants, Hal B. Perkins
Cardozo Law Review
No abstract provided.
Article 9 Security Interests As Voidable Preferences, Irving A. Breitowitz
Article 9 Security Interests As Voidable Preferences, Irving A. Breitowitz
Cardozo Law Review
No abstract provided.
Article 9 Security Interests As Voidable Preferences: Part Ii The Floating Lien, Irving A. Breitowitz
Article 9 Security Interests As Voidable Preferences: Part Ii The Floating Lien, Irving A. Breitowitz
Cardozo Law Review
No abstract provided.