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Articles 61 - 62 of 62
Full-Text Articles in Law
Through Bankruptcy With The Creditors' Bargain Heuristic, Robert E. Scott
Through Bankruptcy With The Creditors' Bargain Heuristic, Robert E. Scott
Faculty Scholarship
It is a commonplace, but nonetheless true: the study of bankruptcy has attained a new respectability in American law schools. After years of modest enrollments and few genuine scholarly contributions, bankruptcy courses are now fully subscribed and many young academics are turning their attention to the technical complexities and conceptual underpinnings of modern bankruptcy law. A number of factors contribute to this new-found glamour. Most obviously, the enactment of the new Bankruptcy Code has fueled scholarly interest in reporting its modifications and changes and in exploring its theoretical unity. Simultaneously, there has been increasing resort to the bankruptcy process to …
Section 4 Of The Bankruptcy Act: The Excluded Corporations, Michael I. Sovern
Section 4 Of The Bankruptcy Act: The Excluded Corporations, Michael I. Sovern
Faculty Scholarship
Section 4 of the Bankruptcy Act excludes from both voluntary and involuntary bankruptcy municipal, railroad, insurance and banking corporations and building and loan associations, and excludes from involuntary bankruptcy corporations that are not "moneyed, business or commercial." The exclusion of railroad and municipal corporations lost much of its significance when special reorganization provisions were enacted for those corporations. Insurance and banking corporations and building and loan associations, on the other hand, are excluded from the Bankruptcy Act's corporate reorganization chapters as well as from straight bankruptcy; and creditors can no more compel a corporation that is not moneyed, business or …