Law Commons^™

A Void In Avoidance Powers? The Bankruptcy Trustee's Inability To Assert Damages Claims On Behalf Of Creditors Against Third Parties, Bryan D. Hull

University of Miami Law Review

No abstract provided.

Premerger Review And Bankruptcy: The Meaning Of Section 363(B)(2), Robert B. Greenbaum, Alan J. Meese

Popular Media

No abstract provided.

The Priority Battle Over Returned And Repossessed Goods, Michael A. Birrer

Vanderbilt Law Review

Article 9 of the Uniform Commercial Code (the Code) governs secured transactions in personal property and fixtures.' When more than one creditor has a security right in the same piece of collateral, the Article 9 rules of priority determine the order in which each creditor may satisfy his claim. The creditor with the highest priority rank gets paid first, and, if his claim exceeds the amount of the proceeds, junior creditors take nothing. Consequently, creditors want to determine their priority rights in collateral before extending credit. If one creditor determines that another creditor will have priority over its security interest, …

Creditor Beware: From Default Through Deficiency Judgment, Wanda M. Temm

Faculty Works

No abstract provided.

The Perils Of Nationwide Service Of Process In A Bankruptcy Context, Jeffrey T. Ferriell

Washington and Lee Law Review

No abstract provided.

A Rule Unvanquished: The New Value Exception To The Absolute Priority Rule, Clifford S. Harris

Michigan Law Review

This Note examines whether the new value exception remains part of the revised Bankruptcy Code. Part I discusses the background of the new value exception. Part II traces the development of the conflict concerning the survival of the new value exception subsequent to the adoption of the Code. It then discusses the Supreme Court's opinions in Mid/antic National Bank v. New Jersey Department of Environmental Protection and its progeny, which established the methodology for determining the impact of the revised Bankruptcy Code on preexisting bankruptcy law. Based on an analysis of the Midlantic doctrine, Part II concludes that Congress did …

Including Retirement Benefits In A Debtor's Bankruptcy Estate: A Proposal For Harmonizing Erisa And The Bankruptcy Code, Michelle A. Cecil

Faculty Publications

This Article first examines the conflicting policies of ERISA and the Bankruptcy Code. It then explores how the various courts have attempted to reconcile these policies when faced with the issue of whether a debtor's interest in retirement plan assets should be available for distribution to creditors in bankruptcy. In analyzing the relevant case law, the Article examines cases addressing the exclusion issue (whether pension plans should be excluded from the bankruptcy estate entirely). It also evaluates cases addressing the exemption issue (whether plan assets, once included in the bankruptcy estate, can be exempted out of the estate by the …

Bankruptcy, W. Homer Drake, James W. Dilz

Mercer Law Review

The United States Court of Appeals for the Eleventh Circuit decided numerous cases arising under the Bankruptcy Code (the "Code"), during 1990 that covered a wide spectrum of topics. The court adopted a test for analyzing the bankruptcy nexus of noncore litigation to help define the bounds of the bankruptcy court's subject matter jurisdiction. The court quelled concern over preferences in the retail automobile industry by holding that security interests perfected in accordance with state law may not be set aside in bankruptcy. The Chapter 13 practice has been changed in many bankruptcy courts in the aftermath of two appellate …

Insider Preference Recovery Against Non-Insider Creditors, Thomas E. Johnston

West Virginia Law Review

No abstract provided.

Chapter 13'S Liberal Discharge Provisions And "Willful And Malicious" Tort Judgments: Creditor Classification As A Means Of Accounting For The Debtor's Egregious Action, Robert L. Miller

William & Mary Law Review

No abstract provided.

Bankruptcy Policy: Toward A Moral Justification For Financial Rehabilitation Of The Consumer Debtor, Richard E. Flint

Washington and Lee Law Review

No abstract provided.

Viii. Bankruptcy Law

Washington and Lee Law Review

No abstract provided.

Begier V. Irs, Guy Lamoyne Black

Brigham Young University Journal of Public Law

No abstract provided.

United States Government Contract: The Unilateral Act Of Government Contracting, Sawvalak Chulpongstorn

LLM Theses and Essays

The debarment, suspension, and termination of the Government contract can cause a sudden financial ruin or bankruptcy of the contractor. Consequently, the question of whether the Government’s debarment, suspension, and termination is proper can be of vital importance. This thesis, in consequence, will focus on two major problem areas of the unilateral act of the government in contracting with the contractor. The first problem area is whether the debarment and suspension meet the requirement of due process of law. The second problem area is whether or not the government’s right to terminate the contract is proper or legal in specific …

Granfinanciera, Northern Pipeline, And "Public Rights": May A Bankruptcy Judge Preside Over A Jury Trial?, Mitchell Hall

Kentucky Law Journal

No abstract provided.

Public Policy Concerns Prevent Application Of Comity To Foreign Bankruptcy Proceedings That Discriminate Against Tax Obligations Owed To The United States Government, Michael P. Bigelow

Vanderbilt Journal of Transnational Law

This Case Comment explores the application of comity to foreign bankruptcy proceedings, particularly when comity would render the Internal Revenue Service a general unsecured creditor in bankruptcy. The United States Court of Appeals for the Fifth Circuit held on public policy grounds that comity should not be accorded to a Luxembourg bankruptcy proceeding that discriminated against tax obligations owed to the United States government. This Case Comment discusses the factual setting for the instant decision and presents a brief history of transnational insolvency law. The author finds that the law of transnational insolvency is inconsistent and underdeveloped and that the …

A Debtor’S Right To Avoid Liens Against Exempt Property Under Section 522 Of The Bankruptcy Code: Meaningless Or Meaningful?, Veryl Victoria Miles

Scholarly Articles

This article reviews the conflict as it has taken form in the courts of appeal of several circuits. The first section of the article briefly discusses the legislative history of section 522, and the purpose of Congress in providing the debtor with both exemptions and lien avoidance powers under the Code. It next reviews the decisions of courts of appeal that have interpreted the extent of the "opt~out" powers granted to the states under section 522(b). The third and final section analyzes the two views on the question, and concludes that the better interpretation is that the states are not …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

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 1989 and April 1991. This article intends to alert the general practitioner to significant recent developments in the bankruptcy area. The article focuses on legislative changes that have been made to the Bankruptcy Code and to Virginia statutory law, along with federal bankruptcy decisions issued within the Fourth Circuit. Where appropriate, Virginia state court cases dealing with bankruptcy issues are also addressed.

Personal Liability Of A Bankruptcy Trustee Since Midlantic National Bank V. New Jersey Department Of Environmental Protection: The Environmental Law And Bankruptcy Code Conflict Threatens To Engulf Bankruptcy Trustees, D. Ethan Jeffery

Villanova Environmental Law Journal

No abstract provided.

Owners, Auctions, And Absolute Priority In Bankruptcy Reorganizations, Bruce A. Markell

Articles by Maurer Faculty

No abstract provided.

Bankruptcy: Pennsylvania Welfare Department V. Davenport: The Supreme Court Officially Declares Safe Passage For Criminal Offenders Via Chapter 13: Are Criminal Penalties Within The Scope Of The Bankruptcy Code?, Robert Finley Dougherty

Oklahoma Law Review

No abstract provided.

Deprizio's Honor: Lenders, Insider Guarantors And The Prisoners' Dilemma, Walter Effross

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Bondholder Coercion: The Problem Of Constrained Choice In Debt Tender Offers And Recapitalizations, John C. Coffee Jr., William A. Klein

Faculty Scholarship

The past decade saw the flourishing of risky, high-yield corporate debt, often called "junk" bonds. Too many companies took on too much debt, and the chickens are now coming home to roost as these bonds have begun to default with increasing frequency.The magnitude of the problem is potentially enormous; by one estimate, $318 billion of debt has either defaulted already or trades at yields indicating the market's skepticism that it will be repaid on maturity.

Facing the prospect of default, corporate issuers are seeking to restructure or recapitalize their financial structures at a correspondingly increased pace. The market force driving …

An Economic Justification For Corporate Reorganizations, Charles Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Licenses, Trademarks, And Bankruptcy, Oh My: Trademark Licensing And The Perils Of Licensor Bankruptcy, 25 J. Marshall L. Rev. 143 (1991), David M. Jenkins

UIC Law Review

No abstract provided.

Bankruptcy In The Seventh Circuit: 1989-1990, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

"Consecutive" Chapter 11 Filings: Use Or Abuse?, Jonathan Moss

Fordham Urban Law Journal

This Note argues that bankrtupcy courts should apply a good faith standard that imposes a higher level of scrutiny before permitting a debtor to proceed with a second filing and plan. This Note proceeds to analyze the good faith standards for consecutive Chapter 11 petitions established in different jurisdictions. This Note then proceeds to explore the threat consecutive provisions pose to the Bankruptcy Code's lease and executory contract provisions. This Note then analyzes how consecutive filings can undermine the Code's basic creditor protections, and concludes that courts should apply a rigorous good faith standard consistent with recent decisions from the …

Editor's Notes, Peter A. Alces

Faculty Publications

No abstract provided.

The Implementation Of Bankruptcy Code Section 707(B): The Law And The Reality, Wayne R. Wells, Janell M. Kurtz, Robert J. Calhoun

Cleveland State Law Review

The introduction of section 707(b) to the bankruptcy code has raised many difficult interpretational issues. This article focuses on those issues concerning the implementation of section 707(b). Under the law, only the courts and the U.S. Trustees are permitted to raise the issue of substantial abuse. Therefore, to determine how section 707(b) is actually being administered, a survey was distributed to the U.S. Bankruptcy Courts and the U.S. Trustees. The results of the survey are integrated into a discussion of the current status of the law and presented in this article. This analysis identifies serious shortcomings with the law that …