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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 May 2023

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 Dec 2018

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 Sep 2018

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 May 2012

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 Dec 2011

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 Sep 2011

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 Mar 2004

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 Mar 1999

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 May 1998

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 Sep 1996

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 Nov 1992

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 Sep 1990

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 May 1990

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 Mar 1990

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 Nov 1989

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 Mar 1988

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 Nov 1986

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 Mar 1986

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 Mar 1984

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 Sep 1983

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 May 1982

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 Nov 1979

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 May 1978

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) Nov 1976

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.