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Full-Text Articles in Law

The Long And Winding Road To The Small Business Reorganization Act: Why Our Next Stop Should Be Simplicity And Accessibility, Daniel O'Hare May 2022

The Long And Winding Road To The Small Business Reorganization Act: Why Our Next Stop Should Be Simplicity And Accessibility, Daniel O'Hare

West Virginia Law Review

No abstract provided.


When Is A Debt "Obtained By" Fraud?: Reconsideration Of The Fraud Nondischargeability Exception Under Section 523(A)(2) Of The Bankruptcy Code, Theresa J. Pulley Radwan May 2022

When Is A Debt "Obtained By" Fraud?: Reconsideration Of The Fraud Nondischargeability Exception Under Section 523(A)(2) Of The Bankruptcy Code, Theresa J. Pulley Radwan

West Virginia Law Review

No abstract provided.


A Comprehensive Framework For Conflict Preemption In Federal Insolvency Proceedings, Robert W. Miller Dec 2020

A Comprehensive Framework For Conflict Preemption In Federal Insolvency Proceedings, Robert W. Miller

West Virginia Law Review

No abstract provided.


Is The Gate Open For West Virginia Counties And Cities To File For Chapter 9 Bankruptcy Relief, Bill Pepper Apr 2019

Is The Gate Open For West Virginia Counties And Cities To File For Chapter 9 Bankruptcy Relief, Bill Pepper

West Virginia Law Review

No abstract provided.


Milking The Estate, David R. Hague Sep 2018

Milking The Estate, David R. Hague

West Virginia Law Review

No abstract provided.


Tightenting The Loophole: The Role Of Fee-Shifting Statutes In Resolving The Growing Problem Of Servicing America's Student Loan Debt, Katheryn E. Marcum Dec 2016

Tightenting The Loophole: The Role Of Fee-Shifting Statutes In Resolving The Growing Problem Of Servicing America's Student Loan Debt, Katheryn E. Marcum

West Virginia Law Review

No abstract provided.


Insuring Against The Risk Of Collusion In Corporate Bankruptcy Cases: The Uncharted Waters Of The Insured Vs. Insured Exclusion In Directors' And Officers' Liability Insurance Policies, Cullen Ann Drescher Jan 2010

Insuring Against The Risk Of Collusion In Corporate Bankruptcy Cases: The Uncharted Waters Of The Insured Vs. Insured Exclusion In Directors' And Officers' Liability Insurance Policies, Cullen Ann Drescher

West Virginia Law Review

No abstract provided.


The End Of The (Virtual) World, Joshua A.T. Fairfield Sep 2009

The End Of The (Virtual) World, Joshua A.T. Fairfield

West Virginia Law Review

No abstract provided.


If Judgment Creditors Cannot Set Asunder A Debtor Spouse's Interest In The Marital Home, What Can They Do, John W. Fisher Ii Jan 1995

If Judgment Creditors Cannot Set Asunder A Debtor Spouse's Interest In The Marital Home, What Can They Do, John W. Fisher Ii

West Virginia Law Review

No abstract provided.


Bfp V. Resolution Trust Corporation: Supreme Court Shifts Focus Onto State Law In Ruling On Mortgage Foreclosure Sales, Audy M. Perry Jr. Sep 1994

Bfp V. Resolution Trust Corporation: Supreme Court Shifts Focus Onto State Law In Ruling On Mortgage Foreclosure Sales, Audy M. Perry Jr.

West Virginia Law Review

No abstract provided.


Erisa: Anti-Alienation Superiority In Bankruptcy, George Lee Flint Jr. Jan 1992

Erisa: Anti-Alienation Superiority In Bankruptcy, George Lee Flint Jr.

West Virginia Law Review

No abstract provided.


Insider Preference Recovery Against Non-Insider Creditors, Thomas E. Johnston Jun 1991

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

West Virginia Law Review

No abstract provided.


Proceeds In Bankruptcy: United Virginia Bank V. Slab Fork Coal Company, Jeffery L. Tarkenton Apr 1987

Proceeds In Bankruptcy: United Virginia Bank V. Slab Fork Coal Company, Jeffery L. Tarkenton

West Virginia Law Review

No abstract provided.


Confronting Close Corporate Status In West Virginia: Alternative Theories To Prevent Abuse To The Detriment Of Creditors, William E. Galeota Sep 1983

Confronting Close Corporate Status In West Virginia: Alternative Theories To Prevent Abuse To The Detriment Of Creditors, William E. Galeota

West Virginia Law Review

No abstract provided.


The Effects Of West Virginia's Bankruptcy Exemption Statute On Resident Debtors, Julia A. Chincheck Sep 1983

The Effects Of West Virginia's Bankruptcy Exemption Statute On Resident Debtors, Julia A. Chincheck

West Virginia Law Review

No abstract provided.


Employers' Workmen's Compensation Obligations And The Bankruptcy Tax Priority, James B. Haines Sep 1982

Employers' Workmen's Compensation Obligations And The Bankruptcy Tax Priority, James B. Haines

West Virginia Law Review

No abstract provided.


Bankruptcy Preference Concerns In Industrial Development Bond Financing, C. Edward Dobbs, Margaret M. Joslin Apr 1982

Bankruptcy Preference Concerns In Industrial Development Bond Financing, C. Edward Dobbs, Margaret M. Joslin

West Virginia Law Review

This article suggests several methods by which investors in industrial development bonds may be protected, in the event of the bankruptcy of the corporate borrower, from the preferential transfer rules of the federal bankruptcy laws. The key to protecting the investors from having payments made to them set aside by the bankruptcy trustee as voidable preferences is shown to lie in the structuring of the bond transaction. The authors indicate how proper structuring of the bond transaction may allow investors to keep pre-bankruptcy payments made by the corporate borrower, while doing no violence to the terms of section 547 of …


An Enhanced Conception Of The Bankruptcy Judge: From Case Administrator To Unbiased Adjudicator, Richard L. Levine Apr 1982

An Enhanced Conception Of The Bankruptcy Judge: From Case Administrator To Unbiased Adjudicator, Richard L. Levine

West Virginia Law Review

This article is intended to provide the practitioner with an understanding of some of the considerations and circumstances which have helped define the extent of power of Bankruptcy Judges. Many of these considerations are unarticulated. It is the thesis of this article that in the Bankruptcy Reform Act of 1978, Congress established two principles, difficult at first glance to reconcile. On one hand, Congress has now increased the powers of Bankruptcy Judges in most respects. But on the other hand, Congress severely restricted the extent to which judges may properly become involved in those portions of bankruptcy cases which are …


Attorney Fees: Handling Bankruptcies Without Getting There Yourself, Edwin F. Flowers Apr 1982

Attorney Fees: Handling Bankruptcies Without Getting There Yourself, Edwin F. Flowers

West Virginia Law Review

By enacting the Bankruptcy Reform Act of 1978, Congress significantly increased the stature and influence of bankruptcy law in our legal system and in society. Consistent with this, Congress sought to improve the quality of legal services rendered to clients in bankruptcy. cases by enhancing the recoverability of attorney fees for such services. In this article, the author treats the criteria a bankruptcy court will likely employ in deciding the reasonableness and recoverability of an attorney fee for services in cases under the Reform Act. The author attempts to show that an attorney who uses some forthought and attention to …


Bankruptcy Reform And The Constitution: Retroactive Application Of Section 522(F)(2) Takes Private Property, James B. Craven Iii, Pamela A. Bates-Smith Apr 1982

Bankruptcy Reform And The Constitution: Retroactive Application Of Section 522(F)(2) Takes Private Property, James B. Craven Iii, Pamela A. Bates-Smith

West Virginia Law Review

Bankruptcy is premised in part on the desire to allow individuals to retain enough assets to begin life over. As part of this premise, Congress enacted section 522(f)(2) of the Bankruptcy Act of 1978. This provision allows debtors to avoid nonpossessory, nonpurchase money security interests in otherwise exempt property. This provision has created problems, however, as debtors have argued that it acts retroactively to void security interests created before the Act's enactment date. In Rodrock v. Security Industrial Bank, the Supreme Court will decide whether Congress intended such retroactive application to occur, and if it did, whether such action constitutes …


Reflections On The Bankruptcy Laws Of The United States: The Debtor's Fresh Start, Frank R. Kennedy Jun 1974

Reflections On The Bankruptcy Laws Of The United States: The Debtor's Fresh Start, Frank R. Kennedy

West Virginia Law Review

No abstract provided.


Constitutional Law--Due Process Of Law--Creditors' Rights And Prejudgment Remedies, Thomas V. Flaherty Nov 1973

Constitutional Law--Due Process Of Law--Creditors' Rights And Prejudgment Remedies, Thomas V. Flaherty

West Virginia Law Review

No abstract provided.


Exemption Statutes--Yesterday's Protection At Today's Costs--An Update Needed, G. David Brumfield Sep 1972

Exemption Statutes--Yesterday's Protection At Today's Costs--An Update Needed, G. David Brumfield

West Virginia Law Review

No abstract provided.


Bankruptcy--New Approach To Dischargeability, Stephen P. Swisher Sep 1971

Bankruptcy--New Approach To Dischargeability, Stephen P. Swisher

West Virginia Law Review

No abstract provided.


Bankruptcy--Bankrupt Retains Accrued Vacation Pay, Glenn D. Brumfield Sep 1971

Bankruptcy--Bankrupt Retains Accrued Vacation Pay, Glenn D. Brumfield

West Virginia Law Review

No abstract provided.


Corporations--Directors' Liability To Corporate Creditors For Negligent Mismanagement, Paul R. Rice Apr 1967

Corporations--Directors' Liability To Corporate Creditors For Negligent Mismanagement, Paul R. Rice

West Virginia Law Review

No abstract provided.


Bankruptcy--Rights And Powers In Chapter Xiii, John T. Copenhaver Jr. Jun 1966

Bankruptcy--Rights And Powers In Chapter Xiii, John T. Copenhaver Jr.

West Virginia Law Review

An understanding of the rights and powers of the various parties involved in a Chapter XIII proceeding is not easily had. The statutory language is somewhat windblown, sometimes confused and frequently ambiguous. Reported decisions in Chapter XIII cases are few. However, Chapter XI, dealing with arrangements, and Chapter XIII, dealing with wage earner plans, contain many identical or quite similar provisions, so that an interpretation of one of the chapters often has significance as authority for a like position under the other chapter. Where such is the case, reference will be made to cases decided under or a treatise on …


Abstracts Of Recent Cases, Ralph Judy Bean Jr. Jun 1965

Abstracts Of Recent Cases, Ralph Judy Bean Jr.

West Virginia Law Review

No abstract provided.


Abstracts Of Recent Cases, Boyd Lee Warner Ii Dec 1963

Abstracts Of Recent Cases, Boyd Lee Warner Ii

West Virginia Law Review

No abstract provided.


Abstracts Of Recent Cases, Thomas Richard Ralston Dec 1962

Abstracts Of Recent Cases, Thomas Richard Ralston

West Virginia Law Review

No abstract provided.