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Bankruptcy Law

1983

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Articles 1 - 30 of 30

Full-Text Articles in Law

Unexpired Leases In Bankruptcy: Rights Of The Affected Mortgagee, Peter A. Alces Oct 1983

Unexpired Leases In Bankruptcy: Rights Of The Affected Mortgagee, Peter A. Alces

Faculty Publications

No abstract provided.


The Effects Of West Virginia's Bankruptcy Exemption Statute On Resident Debtors, Julia A. Chincheck Sep 1983

The Effects Of West Virginia's Bankruptcy Exemption Statute On Resident Debtors, Julia A. Chincheck

West Virginia 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.


Confronting Close Corporate Status In West Virginia: Alternative Theories To Prevent Abuse To The Detriment Of Creditors, William E. Galeota Sep 1983

Confronting Close Corporate Status In West Virginia: Alternative Theories To Prevent Abuse To The Detriment Of Creditors, William E. Galeota

West Virginia Law Review

No abstract provided.


Bankruptcy—Eighth Circuit's Analysis Of The Chapter 13 Good Faith Requirement, Robert Victor Harper Jul 1983

Bankruptcy—Eighth Circuit's Analysis Of The Chapter 13 Good Faith Requirement, Robert Victor Harper

University of Arkansas at Little Rock Law Review

No abstract provided.


Monetary Awards To The Debtor For Violations Of The Automatic Stay, Jeffrey A. Stoops Jul 1983

Monetary Awards To The Debtor For Violations Of The Automatic Stay, Jeffrey A. Stoops

Florida State University Law Review

No abstract provided.


Interstate Gas Pipeline Ratemaking And Contract Implications, Henry E. Brown Mar 1983

Interstate Gas Pipeline Ratemaking And Contract Implications, Henry E. Brown

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

61 pages.

Contains references.

Contains 7 attachments.


Creditors’ Rights Involved In The Production And Sale Of Natural Gas, William M. Schultz Mar 1983

Creditors’ Rights Involved In The Production And Sale Of Natural Gas, William M. Schultz

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

101 pages (includes forms).

Contains 6 attachments.


Contractual And Other Considerations Affecting Producers, Pipelines And Distributors During Current Period Of Market Demand Constraints [Outline], Michael J. Manning Mar 1983

Contractual And Other Considerations Affecting Producers, Pipelines And Distributors During Current Period Of Market Demand Constraints [Outline], Michael J. Manning

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

6 pages.


Off-System Sales: Will They Ever Return?, Paul F. O'Konski Mar 1983

Off-System Sales: Will They Ever Return?, Paul F. O'Konski

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

5 pages.


Section 311 And 312 Of The Natural Gas Policy Act Of 1978 And Hinshaw Pipelines, Lauren Eaton Mar 1983

Section 311 And 312 Of The Natural Gas Policy Act Of 1978 And Hinshaw Pipelines, Lauren Eaton

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

5 pages.


The Natural Gas Industry In Transition, Ruth A. Maurer Mar 1983

The Natural Gas Industry In Transition, Ruth A. Maurer

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

10 pages (includes illustrations).


Drafting And Interpreting Sensitive Gas Purchase Contract Provisions, William D. Watson Mar 1983

Drafting And Interpreting Sensitive Gas Purchase Contract Provisions, William D. Watson

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

8 pages.


Agenda: Natural Gas Symposium: Contract Solutions For The Future Of Regulatory Environment, University Of Colorado Boulder. Natural Resources Law Center, University Of Houston. Law Center Mar 1983

Agenda: Natural Gas Symposium: Contract Solutions For The Future Of Regulatory Environment, University Of Colorado Boulder. Natural Resources Law Center, University Of Houston. Law Center

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

Contents:

The natural gas industry in transition / Ruth A. Maurer -- Legislative prospects for wellhead pricing of natural gas / Richard G. Morgan -- Off-system sales : will they ever return? : the interstate side / Robert C. McHugh -- Off-system sales : will they ever return? / Paul F. O'Konski -- Contractual and other considerations affecting producers, pipelines and distributors during current period of market demand constraints / Michael J. Manning -- Section 311 and 312 of the Natural Gas Policy Act of 1978 and Hinshaw pipelines / Lauren Eaton -- Drafting and interpreting sensitive gas purchase contract …


Off-System Sales – Will They Ever Return? (The Interstate Side), Robert C. Mchugh Mar 1983

Off-System Sales – Will They Ever Return? (The Interstate Side), Robert C. Mchugh

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

27 pages (includes illustrations).

Contains 2 pages of references.

Contains 1 attachment.


Legislative Prospects For Wellhead Pricing Of Natural Gas, Richard G. Morgan Mar 1983

Legislative Prospects For Wellhead Pricing Of Natural Gas, Richard G. Morgan

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

162 pages.

Contains 16 attachments.


Bankruptcy Law In Perspective: A Rejoinder, Theodore Eisenberg Feb 1983

Bankruptcy Law In Perspective: A Rejoinder, Theodore Eisenberg

Cornell Law Faculty Publications

Professor Harris challenges my argument that bankruptcy reform takes place in an environment too isolated from the rest of the legal world. He also challenges each of the three illustrations I offered to support my thesis. Discussion of his views on the environment in which reform occurs is best deferred until after discussion of his analysis of my three illustrations.


Creditor Acquiescence As A Defense To An Exception To Discharge In Bankruptcy, Elizabeth Gavit Filipow Jan 1983

Creditor Acquiescence As A Defense To An Exception To Discharge In Bankruptcy, Elizabeth Gavit Filipow

Indiana Law Journal

No abstract provided.


The Constitutionality Of The Federal Magistrate System After The Northern Pipeline Decision, Kenneth J. Phelan Jan 1983

The Constitutionality Of The Federal Magistrate System After The Northern Pipeline Decision, Kenneth J. Phelan

Villanova Law Review

No abstract provided.


The Recent Erosion Of The Secured Creditor's Rights Through Cases, Rules And Statutory Changes In Bankruptcy Law, James J. White Jan 1983

The Recent Erosion Of The Secured Creditor's Rights Through Cases, Rules And Statutory Changes In Bankruptcy Law, James J. White

Articles

One can view the law of creditors' rights as a series of cyclesin which alternatively the rights of the creditor and then those of the debtor are in ascendancy. Looking back through Americanlegislative history, one sees both the state legislatures and the Congress intervening on behalf of debtors in a variety of ways onmany occasions. An early example of such intervention was the enactment, particularly in the Midwest and West, of generous exemption laws that removed a variety of property beyond the reach of general creditors. A second example is the enactment of usury laws, which continue to be a …


The Trustee Versus The Trade Creditor: A Critique Of Section 547(C)(1), (2) & (4) Of The Bankruptcy Code, Michael J. Herbert Jan 1983

The Trustee Versus The Trade Creditor: A Critique Of Section 547(C)(1), (2) & (4) Of The Bankruptcy Code, Michael J. Herbert

University of Richmond Law Review

The Bankruptcy Code, like its predecessor the Bankruptcy Act, permits the trustee to avoid certain preferential transfers made or suffered by the bankrupt just prior to bankruptcy. Generally, any transfer relating to an antecedent debt made to or for a creditor by an insolvent within ninety days before the filing of the bankruptcy petition is avoidable by the trustee. The trustee may sue the creditor to recover the preference. In addition, the preferred creditor will not be entitled to any dividend from the estate until the preference is repaid.


The Assumption And Rejection Of Unexpired Real Property Leases Under The Bankruptcy Code—A New Look, Scott B. Ehrlich Jan 1983

The Assumption And Rejection Of Unexpired Real Property Leases Under The Bankruptcy Code—A New Look, Scott B. Ehrlich

Buffalo Law Review

No abstract provided.


The Unmaking Of A Bankruptcy Court: Aftermath Of Nor Thernpipeline V. Marathon, Lawrence P. King Jan 1983

The Unmaking Of A Bankruptcy Court: Aftermath Of Nor Thernpipeline V. Marathon, Lawrence P. King

Washington and Lee Law Review

No abstract provided.


Bankruptcy - Section 522(B)(2)(B) - Debtor May Not Exempt Pennsylvania Entireties Property Subject To An Existing Judgment Against Both Debtor And Spouse On A Joint Debt, Jennifer G. Leps Jan 1983

Bankruptcy - Section 522(B)(2)(B) - Debtor May Not Exempt Pennsylvania Entireties Property Subject To An Existing Judgment Against Both Debtor And Spouse On A Joint Debt, Jennifer G. Leps

Villanova Law Review

No abstract provided.


Bankruptcy - Section 522(D)(10)(E) - Debtor May Not Exempt Future Keogh Fund Payments From The Bankruptcy Estate, Thomas G. Spencer Jan 1983

Bankruptcy - Section 522(D)(10)(E) - Debtor May Not Exempt Future Keogh Fund Payments From The Bankruptcy Estate, Thomas G. Spencer

Villanova Law Review

No abstract provided.


Corporations - Under Delaware Law, Majority Shareholders Have No Duty To Ensure That Minority Shareholders Benefit From A Contractual Corporate Dividend Distribution Policy Where The Latter's Changed Circumstances Preclude Enjoyment Of The Benefit, Gregory F. Lepore Jan 1983

Corporations - Under Delaware Law, Majority Shareholders Have No Duty To Ensure That Minority Shareholders Benefit From A Contractual Corporate Dividend Distribution Policy Where The Latter's Changed Circumstances Preclude Enjoyment Of The Benefit, Gregory F. Lepore

Villanova Law Review

No abstract provided.


Partnerships And Partners Under The Bankruptcy Code: Claims And Distribution, Frank R. Kennedy Jan 1983

Partnerships And Partners Under The Bankruptcy Code: Claims And Distribution, Frank R. Kennedy

Washington and Lee Law Review

No abstract provided.


Adequate Protection Under The Bankruptcy Act Of 1978, Donald Price Jan 1983

Adequate Protection Under The Bankruptcy Act Of 1978, Donald Price

Kentucky Law Journal

No abstract provided.


The Efficacy Of Guaranty Contracts In Sophisticated Commercial Transactions, Peter A. Alces Jan 1983

The Efficacy Of Guaranty Contracts In Sophisticated Commercial Transactions, Peter A. Alces

Faculty Publications

Even though contracts of guaranty are not subject to uniform standards of interpretation throughout the states, both case law and statutory development have tended to evidence a strong sympathy for the guarantor. In spite of this trend, Professor Alces suggests that creditors' counsel can, through careful drafting, do much to assure the enforceability of the guaranty contract. A scrupulously structured guaranty contract, one that anticipates possible defenses to liability in explicit terms, may well be upheld, even in cases in which guarantors occupied weak negotiating positions vis-a-vis creditors. Moreover, the attack on the guaranty as a fraudulent conveyance under section …


The Manville Bankruptcy: Treating Mass Tort Claims In Chapter 11 Proceedings, Robert Jones Jan 1983

The Manville Bankruptcy: Treating Mass Tort Claims In Chapter 11 Proceedings, Robert Jones

Journal Articles

The reorganization petition filed by the Manville Corporation, the nation’s largest asbestos manufacturer in 1982 is an attempt by a healthy and solvent corporation to declare bankruptcy. It differs greatly from a traditional reorganization case, which involves a debtor that knows who its creditors are and how much it owes them. Manville does not know who the majority of its creditors are or the amount of its potential tort liability. It is instead using the 1978 Bankruptcy Reform Act's Chapter 11 reorganization provisions to seek shelter from a huge but speculative tort liability. In doing so Manville presents a major …