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Articles 1 - 30 of 42
Full-Text Articles in Law
Erisa Retirement Plans In Individual Bankruptcy, John Minton Newell
Erisa Retirement Plans In Individual Bankruptcy, John Minton Newell
University of Michigan Journal of Law Reform
When an employee covered by an ERISA retirement plan files a petition in bankruptcy, the court is presented with a number of complex issues regarding the relationship among ERISA, the Bankruptcy Code (Code), and the state law of creditors' rights. Three issues have emerged in these cases, and the courts have divided on the proper resolution of each of these issues. First, is the debtor's interest in an ERISA retirement plan "property of the estate," and thus available for distribution to creditors? Second, if the debtor's interest is property of the estate, and the debtor uses the state exemption scheme, …
Midlantic National Bank V. New Jersey Department Of Environmental Protection, Lewis F. Powell Jr.
Midlantic National Bank V. New Jersey Department Of Environmental Protection, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Toxic Torts And Chapter 11 Reorganization:The Problem Of Future Claims, Anne Hardiman
Toxic Torts And Chapter 11 Reorganization:The Problem Of Future Claims, Anne Hardiman
Vanderbilt Law Review
Recently, the toxic tort phenomenon has emerged as a vital concern to manufacturers, employers, and consumers as Agent Orange,' DES, Dalkon Shield, and asbestos victims have litigated toxic tort claims. Toxic torts are unique because any number of victims may be exposed to a toxic substance from which they may contract a disease as far as twenty years in the future. Toxic tort claims typically involve large sums of money and an inestimable number of plaintiffs. The potential for tremendous, financially crippling, liability for these injuries has prompted some asbestos companies to file for reorganization under Chapter 11 of the …
Substantive Consumer Bankruptcy Reform In The Bankruptcy Amendments Act Of 1984, Jeffrey W. Morris
Substantive Consumer Bankruptcy Reform In The Bankruptcy Amendments Act Of 1984, Jeffrey W. Morris
William & Mary Law Review
No abstract provided.
The Bankruptcy Code And Hazardous Waste Cleanup: An Examination Of The Policy Conflict, Douglas P. Demoss
The Bankruptcy Code And Hazardous Waste Cleanup: An Examination Of The Policy Conflict, Douglas P. Demoss
William & Mary Law Review
No abstract provided.
The Transformation Rule Under Section 522 Of The Bankruptcy Code Of 1978, Raymond B. Check
The Transformation Rule Under Section 522 Of The Bankruptcy Code Of 1978, Raymond B. Check
Michigan Law Review
This Note rejects the statutory arguments that have been advanced in favor of the transformation rule, and argues that the rule is inconsistent with both the policies motivating section 522 of the Bankruptcy Code and the overall purposes of the U.C.C. priority system. Part I examines the treatment of purchase money security in the U.C.C. scheme. It also describes the exemption provisions of the 1978 Bankruptcy Code and the legislative concerns that shaped those provisions. Part II summarizes the judicial adoption of the transformation rule and the statutory basis relied upon by courts in applying it. Part III argues that …
Leveraged Buyouts In Bankruptcy, David G. Carlson
Leveraged Buyouts In Bankruptcy, David G. Carlson
Faculty Articles
No abstract provided.
Ohio V. Kovacs (In Re Kovacs), 105 S. Ct. 705 (1985), Laura Lee Barrrow
Ohio V. Kovacs (In Re Kovacs), 105 S. Ct. 705 (1985), Laura Lee Barrrow
Florida State University Law Review
Bankruptcy Law-ENFORCEABILITY OF STATE ENVIRONMENTAL LAWS AGAINST BANKRUPT DEBTORS
The End Of Preference Liability For Unsecured Creditors: New Section 547(C)(2) Of The Bankruptcy Code, Darrell Dunham, Donald Price
The End Of Preference Liability For Unsecured Creditors: New Section 547(C)(2) Of The Bankruptcy Code, Darrell Dunham, Donald Price
Indiana Law Journal
No abstract provided.
Jurisdiction And Procedure Under The Bankruptcy Amendments Of 1984, Lawrence P. King
Jurisdiction And Procedure Under The Bankruptcy Amendments Of 1984, Lawrence P. King
Vanderbilt Law Review
The complexity and possible invalidity of the 1984 amendments arise from Congress' refusal to constitute the bankruptcy courts as article III courts. The only group, if any, that this refusal has aided is the district court bench, by keeping their numbers small (except to the extent that additional bankruptcy duties re-quire additions to their numbers) and their status elite. The congressional action works against the needs of all parties involved in the functioning of the Bankruptcy Code and the judicial system itself. Debtors in Bankruptcy Code cases are left uncertain as to the authority of the bankruptcy courts adjudicating proceedings …
Belly Up Down In The Dumps: Bankruptcy And Hazardous Waste Cleanup, Katherine S. Allen
Belly Up Down In The Dumps: Bankruptcy And Hazardous Waste Cleanup, Katherine S. Allen
Vanderbilt Law Review
In recent years, the critical risks of improper storage and disposal of hazardous and toxic substances have become frighteningly apparent,' and the regulation of hazardous waste disposal has become increasingly comprehensive and complex, on both the federal and state level. On the federal level, the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or the Super fund Act) together provide a comprehensive statutory and regulatory scheme designed to cleanup existing hazardous waste disposal sites and to prevent the growth of future dangerous sites. Other federal statutes address in a more general way …
Chapters 11 And 13 Of The Bankruptcy Code -- Observations On Using Case Authority From One Of The Chapters In Proceedings Under The Other, David G. Epstein, Christopher Fuller
Chapters 11 And 13 Of The Bankruptcy Code -- Observations On Using Case Authority From One Of The Chapters In Proceedings Under The Other, David G. Epstein, Christopher Fuller
Vanderbilt Law Review
This Article will focus on the relationship between Chapter 11 and Chapter 13 of the Bankruptcy Code.' A number of issues are similar or identical in Chapter 11 and Chapter 13. Furthermore,much of the language of Chapter 13 mirrors that of Chapter 11. This Article explores whether courts should apply case law and concepts of one chapter when similar issues arise in proceedings under the other chapter. Parts II and III of this Article address basic similarities and differences between Chapters 11 and 13. Parts IV, V, and VI examine three issues governed by statutory language common to both chapters. …
The Undersecured Creditor In Reorganizations And The Nature Of Security, Theodore Eisenberg
The Undersecured Creditor In Reorganizations And The Nature Of Security, Theodore Eisenberg
Vanderbilt Law Review
For better or for worse, bankruptcy law generally recognizes secured creditors' state law rights in collateral. The decision to honor secured creditors' state law interests and the need to modify those interests in bankruptcy generate an essential tension of bankruptcy law. Much of the Bankruptcy Act's complexity and several of its most controversial provisions arise from congressional efforts to resolve this tension.
In trying to walk the fine line between taming and preserving secured creditors' rights, Congress created one of the most extraordinary provisions in the history of bankruptcy law. Section 1111(b) of the Bankruptcy Act of 19781 suspends two …
The Discharge Of Partnerships And Partners Under The Bankruptcy Code, Frank R. Kennedy
The Discharge Of Partnerships And Partners Under The Bankruptcy Code, Frank R. Kennedy
Vanderbilt Law Review
The provisions of the Bankruptcy Act applicable to partnerships, partners, and their creditors were cryptic. Significant changes in these provisions made by the Bankruptcy Reform Act of 1978 have not appreciably diminished the difficulties of administering the estates of partnerships and partners in cases under Title 11 of the United States Code. The rules governing discharge of partnerships and partners and the dischargeability of their debts have given rise to a number of special problems under both the Bankruptcy Act and the Bankruptcy Reform Act. This Article undertakes to identify and analyze these problems and to suggest solutions.
"Good Faith" And The Discharge Of Educational Loans In Chapter 13: Forging A Judicial Consensus, Jerome M. Organ
"Good Faith" And The Discharge Of Educational Loans In Chapter 13: Forging A Judicial Consensus, Jerome M. Organ
Vanderbilt Law Review
In the Bankruptcy Reform Act of 19781 Congress sought to accomplish many goals, some of which appear internally incompatible. For example, Congress enacted section 523(a)(8) to limit the dischargeability of educational loans in Chapter 7 liquidations. At the same time, however, Congress enacted the new Chapter 13 to encourage consumer debtors--including student borrowers--to elect repayment plans whenever feasible. Chapter 13 contains a"superdischarge" provision, which offers debtors a much broader discharge than the discharge that is available under section 523(a) in straight bankruptcy. While section 523(a)(8) excepts educational loans from discharge, section 1328(a) of Chapter 13 does not except them from …
A Theory Of Contractual Debt Subordination And Lien Priority, David G. Carlson
A Theory Of Contractual Debt Subordination And Lien Priority, David G. Carlson
Vanderbilt Law Review
Creditors distrust debtors and other creditors. Some of this in-security is dispelled by the two basic priority rules--"first in time"for secured credit and pro rata sharing for general credit. These priorities, however, are merely suppletive rules that replicate what most creditors want.' Individual creditors can have different objectives that call for different priorities. For that reason, creditors vary their rights by contract.'
Two motives exist for subordination agreements. First, a creditor may wish to subordinate its priority to induce another creditor to advance new funds. Second, a junior creditor may wish to advance credit, but the resulting increased leverage of …
Symposium On Bankruptcy, Stefan A. Riesenfeld
Symposium On Bankruptcy, Stefan A. Riesenfeld
Vanderbilt Law Review
The Bankruptcy Reform Act of 1978, a.k.a. The Code, has now been in operation for more than a quinquennium. Thus, it is old enough to be the subject of a symposium, even if that expression is used in its original meaning of drinking party or festivity. The editors of the Vanderbilt Law Review deserve high praise for having observed that opportunity and gathered an illustrious panel of guest-participants. Special commendations are due for the hosts'success in enlisting in their offerings the cooperation of the celebrated Triple-K-Trio to regale the readership with their now almost classical performing style. Equally gratifying is …
The Concept Of A Voidable Preference In Bankruptcy, Vern Countryman
The Concept Of A Voidable Preference In Bankruptcy, Vern Countryman
Vanderbilt Law Review
A bankruptcy trustee is armed by statute with a number of powers to avoid prebankruptcy transfers made by the now bankrupt debtor. Probably none of these powers is of more concern to prebankruptcy transferees than the trustee's power to avoid preferential transfers. This Article examines the content of and the reasons for the concept of a preferential transfer as it has evolved over the centuries.We inherited the notion of the preferential transfer from Eng-land; but, as elsewhere, we frequently have concluded that we could improve on the English model. Substantial differences exist,therefore, between the English law of voidable preferences and …
The Undersecured Creditor In Reorganizations And The Nature Of Security, Theodore Eisenberg
The Undersecured Creditor In Reorganizations And The Nature Of Security, Theodore Eisenberg
Cornell Law Faculty Publications
Workers' Rights Against A Bankrupt Employer, Nancy L. Lowndes
Workers' Rights Against A Bankrupt Employer, Nancy L. Lowndes
William & Mary Law Review
No abstract provided.
Administration Of Entireties Property In Bankruptcy, Rodger A. Heaton
Administration Of Entireties Property In Bankruptcy, Rodger A. Heaton
Indiana Law Journal
No abstract provided.
Chapters 11 And 13 Of The Bankruptcy Code--Observations On Using Case Authority From One Of The Chapters In Proceedings Under The Other, David G. Epstein
Chapters 11 And 13 Of The Bankruptcy Code--Observations On Using Case Authority From One Of The Chapters In Proceedings Under The Other, David G. Epstein
Law Faculty Publications
This Article will focus on the relationship between Chapter 11 and Chapter 13 of the Bankruptcy Code. A number of issues are similar or identical in Chapter 11 and Chapter 13. Furthermore, much of the language of Chapter 13 mirrors that of Chapter 11. This Article explores whether courts should apply case law and concepts of one chapter when similar issues arise in proceedings under the other chapter. Parts II and III of this Article address basic similarities and differences between Chapters 11 and 13. Parts IV, V, and VI examine three issues governed by statutory language common to both …
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
Duress is Available Defense in Mitigation of Charges of Illegally Transporting Aliens into the United States--Pollgreen v. Morris slip op. No. 84-5217 (11th Cir. Sept. 17, 1985).
Foreign Debtor not Compelled to File for Ancillary Proceeding under Bankruptcy Code; Court may grant Comity to Pending Foreign Bankruptcy Proceeding--Cunard SteamshipCo. Ltd. v. Salen Reefer Services A.B., 773 F.2d 452 (2d Cir.1985).
Forum Selection Clause in Contract between Two Sovereigns is not Waiver of Right to Remove--Proyecfin de Venezuela v. Banco Industrial de Venezuela, 760 F.2d 390 (2d Cir.1985).
Fifth Circuit Overrides Admiralty Rule and Invokes Provisions of Arbitration Treaty--Sedco, Inc. v. …
Bankcard's Revenge: A Critique Of The 1984 Consumer Credit Amendments To The Bankruptcy Code, Paul M. Black, Michael J. Herbert
Bankcard's Revenge: A Critique Of The 1984 Consumer Credit Amendments To The Bankruptcy Code, Paul M. Black, Michael J. Herbert
University of Richmond Law Review
Virtually from the enactment of the Bankruptcy Code in 1978, creditors attempted to roll back what they perceived to be the Code's undue bias toward bankrupts. The Code was branded a debtor's paradise practically beckoning borrowers to shed their debts painlessly and needlessly. It was certainly true that the number of bankruptcy filings rose substantially during the late 1970's and early 1980's, and that some creditors attributed at least some of this to the Code's presumed generosity. Whether the Code actually caused any of the increase in filings is, to put it mildly, controversial. Other factors, most significantly the general …
Is An Ira Exempt Property Under The Kentucky Exemption Statute Krs Section 427.150(1)(B)?, Kevin Charles Dicken
Is An Ira Exempt Property Under The Kentucky Exemption Statute Krs Section 427.150(1)(B)?, Kevin Charles Dicken
Kentucky Law Journal
No abstract provided.
Classification Of Unsecured Claims In Chapter 13 Of The Bankruptcy Reform Act Of 1978: What Is Fair?, James B. Mclaughlin Jr., Robert W. Nelms
Classification Of Unsecured Claims In Chapter 13 Of The Bankruptcy Reform Act Of 1978: What Is Fair?, James B. Mclaughlin Jr., Robert W. Nelms
Campbell Law Review
The subject of the classification of unsecured claims in Chapter 13 is a subject which has been written about before. There have also been several informative and well written articles dealing with Chapter 13 in general, which also refer to the problem of classification of claims in Chapter 13. This article will not attempt to reiterate the principles and concepts stated in those articles.
Insolvencies In Farming And Agribusinesses, Stewart E. Bland
Insolvencies In Farming And Agribusinesses, Stewart E. Bland
Kentucky Law Journal
No abstract provided.
Mcguire V. Manufacturers & Traders Trust Co. (In Re Mcguire), 37 Bankr. 365 (Bankr. M.D. Fla. 1984), James R. Klindt
Mcguire V. Manufacturers & Traders Trust Co. (In Re Mcguire), 37 Bankr. 365 (Bankr. M.D. Fla. 1984), James R. Klindt
Florida State University Law Review
Florida Homestead Exemption-PROCEEDS FROM THE VOLUNTARY SALE OF A HOMESTEAD-A SHIELD OR A TRAP FOR THE DEBTOR?
Troubled Times: The Farm Debtor Under The Amended Bankruptcy Code, Margaret Rosso Grossman
Troubled Times: The Farm Debtor Under The Amended Bankruptcy Code, Margaret Rosso Grossman
Oklahoma Law Review
No abstract provided.