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Full-Text Articles in Law
Consumer Bankruptcy, Nondischargeability, And Penal Debt, Abbye Atkinson
Consumer Bankruptcy, Nondischargeability, And Penal Debt, Abbye Atkinson
Vanderbilt Law Review
This Article examines the issue of categorically nondischargeable debts in the Bankruptcy Code. These debts are excepted from discharge ostensibly because they indicate that the debtor incurred the debt through some misconduct, there is an important public policy at play that requires the debt to be excepted from discharge, or a discharge of certain state-imposed debts raises federalism concerns. Using penal debt as its lens, this Article critiques these analytical frames, arguing that they do not do much work to help explain why some debts are treated as categorically nondischargeable while others that seem to implicate the same concerns are …
Tilling The Cram Down Landscape: Using Securitization Data To Expose The Fundamental Fallacies Of "Till", Matthew H. O'Brien
Tilling The Cram Down Landscape: Using Securitization Data To Expose The Fundamental Fallacies Of "Till", Matthew H. O'Brien
Vanderbilt Law Review
It is almost universally recognized that the Bankruptcy Code's protection for consumers is justifiable under the theory that an ''entrepreneurial economy prospers when honest but unfortunate debtors are given a fresh opportunity to swim back into the productive mainstream rather than being forced down to drown." The amount of protection the Bankruptcy Code (hereinafter, the "Code") should afford consumers, on the other hand, is a source of much disagreement. Long-standing debate over this issue was, in fact, the basis for the controversy surrounding the Bankruptcy Abuse Prevention and Consumer Protection Act ("the Act") that the President signed into law in …
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. …
Inflation And The Concept Of Reorganization Value, Elizabeth J. Schwartz
Inflation And The Concept Of Reorganization Value, Elizabeth J. Schwartz
Vanderbilt Law Review
This Recent Development examines the validity of this formula, with and without allowances for future inflation, as a tool for valuing the stock to be distributed to creditors in corporate re-organization proceedings. This discussion considers the valuation method both under Chapter 11 of the new Bankruptcy Code and under Chapter X of the now superseded Bankruptcy Act, which is still effective in many pending cases. The Recent Development describes the purpose and effects of equity share valuations in bankruptcy reorganization proceedings, compares the methods that have been used by the courts with methods used by investors to ascertain the investment …