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Full-Text Articles in Law
Undue Mental Hardship: A Case For Standardized Treatment Of Mental Health Issues In Student Loan Discharge Proceedings, Abigail Stone
Undue Mental Hardship: A Case For Standardized Treatment Of Mental Health Issues In Student Loan Discharge Proceedings, Abigail Stone
BYU Law Review
No abstract provided.
Optimal Deterrence And The Preference Gap, Brook Gotberg
Optimal Deterrence And The Preference Gap, Brook Gotberg
BYU Law Review
It is generally understood that the way to discourage particular behavior in individuals is to punish that behavior, on the theory that rational individuals seek to avoid punishment. Laws aimed at deterring behavior operate on the assumption that increasing the likelihood of punishment, the severity of punishment, or both, will decrease the behavior. The success of these laws is evaluated by how much the targeted behavior decreases. The law of preferential transfers—which punishes creditors who have been paid prior to a bankruptcy filing at the expense of other, unpaid creditors—has been defended on the grounds that it deters a race …
A Fresh Start To Bankruptcy Exemptions, Gary E. Sullivan
A Fresh Start To Bankruptcy Exemptions, Gary E. Sullivan
BYU Law Review
Bankruptcy has broadly failed to deliver “fresh starts” to debtors. Too often, debtors return to states of financial distress following bankruptcy. Although bankruptcy delivers a clean slate through the discharge of debts, the efficacy of a fresh start depends on a second factor: property exemptions. While discharge frees a debtor from her existing debts, property exemptions determine what property the debtor retains upon exiting bankruptcy. For many debtors, insufficient and suboptimal property exemption laws undermine fresh starts. In fact, under current bankruptcy law, each state can reject federal bankruptcy exemptions by opting out. Bankrupt debtors in “opt-out” states are forced …
Did Bad Debtors Influence The Tenth Circuit To Make An Unfortunate Decision? Making Reorganization More Difficult For Farmers In United States V. Dawes, Laura Jones
BYU Law Review
No abstract provided.
State Mandated Disability Insurance As Salve To The Consumer Bankruptcy Imbroglio, Alena Allen
State Mandated Disability Insurance As Salve To The Consumer Bankruptcy Imbroglio, Alena Allen
BYU Law Review
From Main Street to Wall Street, Americans are hurting. In 2009, over 1.4 million families filed for bankruptcy. Researchers examining the causes of bankruptcy discovered that as many as sixty-two percent of all bankruptcies were precipitated by a medical crisis. Because many Americans are living paycheck to paycheck and lack disability insurance, when a medical crisis strikes, bank accounts are quickly depleted by the amalgam of high medical bills and lost wages. Disability insurance provides needed wage replacement when a worker is unable to work due to an illness or injury. This Article presents the case for statemandated disability insurance …
Student Loans In Bankruptcy And The "Undue Hardship" Exception: Who Should Foot The Bill?, Kyle L. Grant
Student Loans In Bankruptcy And The "Undue Hardship" Exception: Who Should Foot The Bill?, Kyle L. Grant
BYU Law Review
No abstract provided.
The Power Of The Bankruptcy Court To Enjoin Creditor Claims Against Nondebtor Parties In Light Of 11 U.S.C. § 524( E): In Re Dow Corning Corp., Jason J. Jardine
The Power Of The Bankruptcy Court To Enjoin Creditor Claims Against Nondebtor Parties In Light Of 11 U.S.C. § 524( E): In Re Dow Corning Corp., Jason J. Jardine
BYU Law Review
No abstract provided.
It's Time For Means-Testing, Edith H. Jones, Todd J. Zywicki
It's Time For Means-Testing, Edith H. Jones, Todd J. Zywicki
BYU Law Review
No abstract provided.
In Re Young: A Correct But Unnecessary Constitutional Decision, David Lynn Mortensen
In Re Young: A Correct But Unnecessary Constitutional Decision, David Lynn Mortensen
BYU Law Review
No abstract provided.
Steinbach V. Hubbard: Somebody Call An Ambulance! The Fair Labor Standards Act And The Successor Liability Doctrine Have Been Seriously Injured!, Andrew P. Pickering
Steinbach V. Hubbard: Somebody Call An Ambulance! The Fair Labor Standards Act And The Successor Liability Doctrine Have Been Seriously Injured!, Andrew P. Pickering
BYU Law Review
No abstract provided.
Conversion From Chapter 13 To Chapter 7 Of The Bankruptcy Code: What Constitutes Property Of The Post-Conversion Estate?, David A. Hardy
Conversion From Chapter 13 To Chapter 7 Of The Bankruptcy Code: What Constitutes Property Of The Post-Conversion Estate?, David A. Hardy
BYU Law Review
No abstract provided.
Chapter 11 Bankruptcy: Is A Consumer Debtor Eligible?, Craig W. Dallon
Chapter 11 Bankruptcy: Is A Consumer Debtor Eligible?, Craig W. Dallon
BYU Law Review
No abstract provided.
The Power Of The Shield-Permanently Enjoining Litigation Against Entities Other Than The Debtor-A Look At In Re A. H. Robins Co., John E. Swallo
The Power Of The Shield-Permanently Enjoining Litigation Against Entities Other Than The Debtor-A Look At In Re A. H. Robins Co., John E. Swallo
BYU Law Review
No abstract provided.
The Case For Bankruptcy Appellate Panels, Thomas E. Carlson
The Case For Bankruptcy Appellate Panels, Thomas E. Carlson
BYU Law Review
No abstract provided.
Estimating Contingent Liabilities To Determine Insolvency In Bankruptcy Proceedings: In Re Xonics Photochemical, Inc., Kathryn Ogden Balmforth
Estimating Contingent Liabilities To Determine Insolvency In Bankruptcy Proceedings: In Re Xonics Photochemical, Inc., Kathryn Ogden Balmforth
BYU Law Review
No abstract provided.
Bankruptcy Code Section 547(C)(5) And The Elusive Two-Point Net Improvement Test: New Math Meets Old Law, Steven D. Cook
Bankruptcy Code Section 547(C)(5) And The Elusive Two-Point Net Improvement Test: New Math Meets Old Law, Steven D. Cook
BYU Law Review
No abstract provided.
Assumption Of Unexpired Leases Under Bankruptcy Code Section 365(D)(4), Ronald W. Truman
Assumption Of Unexpired Leases Under Bankruptcy Code Section 365(D)(4), Ronald W. Truman
BYU Law Review
No abstract provided.
The Continuing Conflict Between Bankruptcy And Labor Law-The Issues That Bildisco And The 1984 Bankruptcy Amendments Did Not Resolve, Thomas R. Haggard
The Continuing Conflict Between Bankruptcy And Labor Law-The Issues That Bildisco And The 1984 Bankruptcy Amendments Did Not Resolve, Thomas R. Haggard
BYU Law Review
No abstract provided.
Testing The Limits Of The Bankruptcy Court's Exclusive Jurisdiction In Fraud Cases: Discharge Vs. Criminal Restitution, Blake Atkin
BYU Law Review
No abstract provided.
The Proper Application Of Marshaling On Behalf Of Unsecured Creditors, Michael W. Mosman
The Proper Application Of Marshaling On Behalf Of Unsecured Creditors, Michael W. Mosman
BYU Law Review
No abstract provided.
The Bankruptcy Appellate Panels: An Unfinished Experiement , Lloyd D. George
The Bankruptcy Appellate Panels: An Unfinished Experiement , Lloyd D. George
BYU Law Review
No abstract provided.
Business Reorganization Under The Bankruptcy Reform Act Of 1978: An Analysis Of Chapter 11, Don J. Miner
Business Reorganization Under The Bankruptcy Reform Act Of 1978: An Analysis Of Chapter 11, Don J. Miner
BYU Law Review
No abstract provided.
Personal Property Exemptions And The Uniform Exemptions Act
Personal Property Exemptions And The Uniform Exemptions Act
BYU Law Review
No abstract provided.
Bankruptcy Law - Secured Transactions-Bankruptcy Trustee's Power To Avoid As Preferential A Creditor's Perfected Security Interest Under U.C.C. Section 9-306(4) (D) In Excess Proceeds-Arizona Wholesale Supply Co. V. Itule (In Re Gibson Products)
BYU Law Review
No abstract provided.