Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (4)
- University of Maine School of Law (4)
- Cleveland State University (3)
- University of Richmond (3)
- Vanderbilt University Law School (3)
-
- Columbia Law School (2)
- Nova Southeastern University (2)
- St. John's University School of Law (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Missouri School of Law (2)
- Fordham Law School (1)
- Golden Gate University School of Law (1)
- Maurer School of Law: Indiana University (1)
- Ohio Northern University (1)
- St. Mary's University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Kentucky (1)
- University of Michigan Law School (1)
- Washington and Lee University School of Law (1)
- Publication Year
- Publication
-
- Faculty Scholarship (7)
- Maine Law Review (4)
- Cleveland State Law Review (3)
- Law Faculty Publications (3)
- Vanderbilt Law Review (3)
-
- Bankruptcy Research Library (2)
- Faculty Publications (2)
- Michelle M. Harner (2)
- Articles by Maurer Faculty (1)
- Christopher Bradley (1)
- Faculty Articles (1)
- Fordham Urban Law Journal (1)
- Law Faculty Popular Media (1)
- Michigan Law Review (1)
- Ohio Northern University Law Review (1)
- Publications (1)
- Scholarly Articles (1)
- Scholarly Works (1)
- Thomas A. Schweitzer (1)
- Publication Type
- File Type
Articles 31 - 37 of 37
Full-Text Articles in Law
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 …
Including Retirement Benefits In A Debtor's Bankruptcy Estate: A Proposal For Harmonizing Erisa And The Bankruptcy Code, Michelle A. Cecil
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 …
The Implementation Of Bankruptcy Code Section 707(B): The Law And The Reality, Wayne R. Wells, Janell M. Kurtz, Robert J. Calhoun
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 …
Federal Oil Price Controls In Bankruptcy Cases: Government Claims For Repayment Of Illegal Overcharges Should Not Be Subordinated And “Penalties” Under 11 Usc §726(A)(4), Thomas A. Schweitzer
Federal Oil Price Controls In Bankruptcy Cases: Government Claims For Repayment Of Illegal Overcharges Should Not Be Subordinated And “Penalties” Under 11 Usc §726(A)(4), Thomas A. Schweitzer
Scholarly Works
No abstract provided.
(Part 1) Chapter 7 Cases: Do Erisa And The Bankruptcy Code Conflict As To Whether A Debtor's Interest In Or Rights Under A Qualified Plan Can Be Used To Pay Claims, Donna Litman
Faculty Scholarship
No abstract provided.
(Part 2) Chapter 7 Cases: Do Erisa And The Bankruptcy Code Conflict As To Whether A Debtor's Interest In Or Rights Under A Qualified Plan Can Be Used To Pay Claims, Donna Litman
Faculty Scholarship
No abstract provided.
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.