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Articles 1 - 23 of 23
Full-Text Articles in Law
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.
The Voidability Of Actions Taken In Violation Of The Automatic Stay: Application Of The Information-Forcing Paradigm, Robert R. Niccolini
The Voidability Of Actions Taken In Violation Of The Automatic Stay: Application Of The Information-Forcing Paradigm, Robert R. Niccolini
Vanderbilt Law Review
The automatic stay' is undeniably one of the most important elements of the bankruptcy process. In fact, the expansion of the stay was one of the major changes that the 1978 Bankruptcy Reform Act initiated. Despite the integral nature of the automatic stay, however, courts have yet to reach a consensus regarding the conceptualization and subsequent effect of actions taken in violation of the stay. Presently, a substantial majority of the circuits hold that such actions are void "ab initio" and of no legal effect. A small but significant number of courts, however, decline to follow the majority rule. These …
The Outer Fringes Of Chapter 11: Nonconsenting Senior Lenders' Rights Under Subordination Agreements In Bankruptcy, David Kravitz
The Outer Fringes Of Chapter 11: Nonconsenting Senior Lenders' Rights Under Subordination Agreements In Bankruptcy, David Kravitz
Michigan Law Review
This Note focuses on the options a senior creditor in Frugal's position may have when a reorganization plan provides for payments in violation of a subordination agreement that the creditor wishes to enforce. Part I explains the different types of subordination agreements and discusses their treatment under pre-Code bankruptcy law and under the Bankruptcy Code. Because of the dearth of case law regarding nonconsenting senior lenders and subordination agreements, Part II considers a question in a related area of bankruptcy law where more authority exists: whether a reorganization plan may release a nonbankrupt guarantor from its obligations under the guaranty …
Strange Visions In A Strange World: A Reply To Professors Bradley And Rosenzweig, Lynn M. Lopucki
Strange Visions In A Strange World: A Reply To Professors Bradley And Rosenzweig, Lynn M. Lopucki
Michigan Law Review
Much about chapter 11 is in need of improvement. But, as is so often the case, the resonant themes are not the right ones. All three legs of Bradley and Rosenzweig's argument for repeal are seriously flawed. The heart of their empirical argument is their claim to have shown that financially stronger companies reorganizing under chapter 11 have been paying less to both their creditors and their shareholders than did weaker companies reorganizing under prior law. In Part I below, I present several more plausible explanations for the stock and bond price phenomena they observed. In all likelihood, their data …
Johnson V. Home State Bank: Seven Plus Thirteen Can Equal Twenty, Lance Jones
Johnson V. Home State Bank: Seven Plus Thirteen Can Equal Twenty, Lance Jones
Mercer Law Review
In Johnson v. Home State Bank (In re Johnson), the United States Supreme Court approved -the property-saving strategy of filing under Chapter 72 of the Bankruptcy Code, immediately followed by a filing under Chapter 13, the so-called "Chapter 20." The Court held that a mortgage lien that survived the discharge of the debtor's personal obligations in Chapter 7 is a "claim" for purposes of 11 U.S.C. § 101(5), and thus may be included by the debtor in a subsequent Chapter 13 plan.
Chapter 20 procedures typically follow a similar pattern. A debtor defaults on loan payments, including a …
Bankruptcy, W. Homer Drake Jr., James W. Dilz
Bankruptcy, W. Homer Drake Jr., James W. Dilz
Mercer Law Review
During 1991, the United States Court of Appeals for the Eleventh Circuit decided eighteen cases arising under or related to the Bankruptcy Code. These cases can be classified under the general headings of: Jurisdiction, preferences, claims against' the estate, discharge and dischargeability, substantive consolidation, and attorney fees. This Article is a survey of each of the decisions rendered by the Eleventh Circuit in 1991.
In Re Chateaugay Corp.: An Analysis Of The Interaction Between The Bankruptcy Code And Cercla, Thomas L. Stockard
In Re Chateaugay Corp.: An Analysis Of The Interaction Between The Bankruptcy Code And Cercla, Thomas L. Stockard
Brigham Young University Journal of Public Law
No abstract provided.
Down Bankruptcy Lane, John D. Ayer
Down Bankruptcy Lane, John D. Ayer
Michigan Law Review
A Review of Strategic Bankruptcy: How Corporations and Creditors Use Chapter 11 to Their Advantage by Kevin J. Delaney and Corporate Welfare by Laurence H. Kallen and A Feast for Lawyers/Inside Chapter 11: An Exposé by Sol Stein
The Commercial Real Estate Landlord's Rights To Receive Post-Petition Rental Payments Under Section 365(D)(3) Of The Bankruptcy Code, C. Alan Gauldin
The Commercial Real Estate Landlord's Rights To Receive Post-Petition Rental Payments Under Section 365(D)(3) Of The Bankruptcy Code, C. Alan Gauldin
University of Arkansas at Little Rock Law Review
No abstract provided.
The Commercial Real Estate Landlord's Rights To Receive Post-Petition Rental Payments Under Section 365(D)(3) Of The Bankruptcy Code, C. Alan Gauldin
The Commercial Real Estate Landlord's Rights To Receive Post-Petition Rental Payments Under Section 365(D)(3) Of The Bankruptcy Code, C. Alan Gauldin
University of Arkansas at Little Rock Law Review
No abstract provided.
Value And Rationality In Bankruptcy Decisionmaking, Donald R. Korobkin
Value And Rationality In Bankruptcy Decisionmaking, Donald R. Korobkin
William & Mary Law Review
No abstract provided.
Annual Survey Of Virginia Law: Bankruptcy Law, Michael A. Condyles
Annual Survey Of Virginia Law: Bankruptcy Law, Michael A. Condyles
University of Richmond Law Review
This survey article reviews and analyzes legislative and judicial developments that have occurred in bankruptcy law between April, 1991 and April, 1992. The article is intended to alert the general practitioner to significant recent developments in the bankruptcy area. Legislative changes made to Virginia statutory law and federal bankruptcy decisions issued within the Fourth Circuit are the focus of this article.
Environmental Impediments To Bankruptcy Reorganizations, James K. Mcbain
Environmental Impediments To Bankruptcy Reorganizations, James K. Mcbain
Indiana Law Journal
No abstract provided.
A Review Of The Maryland Construction Trust Statute Decisions In The Court Of Appeals Of Maryland And The United States Bankruptcy Court For The District Of Maryland, David F. Albright Jr.
A Review Of The Maryland Construction Trust Statute Decisions In The Court Of Appeals Of Maryland And The United States Bankruptcy Court For The District Of Maryland, David F. Albright Jr.
University of Baltimore Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Corcoran V. Ardra: The Impact Of Insolvency On International Reinsurance Arbitration, 25 J. Marshall L. Rev. 527 (1992), John S. Diaconis
Corcoran V. Ardra: The Impact Of Insolvency On International Reinsurance Arbitration, 25 J. Marshall L. Rev. 527 (1992), John S. Diaconis
UIC Law Review
No abstract provided.
Bankruptcy Law - The Exemption Of Erisa-Qualified Plans From The Bankruptcy Estate, James A. Boyd Jr.
Bankruptcy Law - The Exemption Of Erisa-Qualified Plans From The Bankruptcy Estate, James A. Boyd Jr.
Villanova Law Review
No abstract provided.
Bankruptcy Law - Third Circuit Applies Section 1110 Of Bankruptcy Code To Sale-Leaseback Transactions, Sherri L. Albert
Bankruptcy Law - Third Circuit Applies Section 1110 Of Bankruptcy Code To Sale-Leaseback Transactions, Sherri L. Albert
Villanova Law Review
No abstract provided.
Erisa: Anti-Alienation Superiority In Bankruptcy, George Lee Flint Jr.
Erisa: Anti-Alienation Superiority In Bankruptcy, George Lee Flint Jr.
West Virginia Law Review
No abstract provided.
Offensive Uses Of The Bankruptcy Stay, Daniel Keating
Offensive Uses Of The Bankruptcy Stay, Daniel Keating
Vanderbilt Law Review
One of the most significant features of the 1978 Bankruptcy Reform Act was markedly broadened versions of the automatic and postdischarge stays. If bankruptcy is the refuge for the honest but unfortunate debtor,' then the stay is the specific tool that makes the refuge meaningful. Indeed, more than one court has characterized the stay as a shield that gives the corporate debtor an opportunity to reorganize and affords the individual debtor a chance for the proverbial fresh start. Even courts mindful of the debtor-protection function of the stay, however, are careful to note that the debtor should use the stay …
Expanding The Reach Of The Bankruptcy Code's Automatic Stay Exception: City Of New York V. Exxon, Mark D. Chiacchiere
Expanding The Reach Of The Bankruptcy Code's Automatic Stay Exception: City Of New York V. Exxon, Mark D. Chiacchiere
Villanova Environmental Law Journal
No abstract provided.
What Do You Mean My Partnership Has Been Petitioned Into Bankruptcy?, Karen E. Blaney
What Do You Mean My Partnership Has Been Petitioned Into Bankruptcy?, Karen E. Blaney
Fordham Urban Law Journal
Bankruptcy law regarding partnerships differs from the law pertaining to individuals and corporations. Only a partnership can be involuntarily petitioned into bankruptcy by individuals within the organization. Involuntary petitions can be used by general partners as bargaining chips, and may encourage partners who can personally benefit from filing to do so, even if the act would be detrimental to the partnership. Under present bankruptcy law, an involuntary petition may be commenced against a partnership by fewer than all of the general partners in such partnership. In comparison to prior bankruptcy provisions governing a partner's involuntary petition against the partnership, the …