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Full-Text Articles in Law
New York Tax Warrants: In The Strange World Of Deemed Judgments, David G. Carlson
New York Tax Warrants: In The Strange World Of Deemed Judgments, David G. Carlson
Articles
No abstract provided.
The Role Of Valuation In Federal Bankruptcy Exemption Process: The Supreme Court Reads Schedule C, David G. Carlson
The Role Of Valuation In Federal Bankruptcy Exemption Process: The Supreme Court Reads Schedule C, David G. Carlson
Articles
In Taylor v. Freeland & Kronz, a debtor claimed a law suit was exempt. The bankruptcy trustee failed to object within the required period. Later, the law suit realized an amount that far exceeded the monetary limit to which the debtor was entitled. The Supreme Court permitted the debtor to keep all of the proceeds, even beyond the statutory limit, claiming that a deadline was a deadline. Recently, in Schwab v. Reilly, the Supreme Court overruled Taylor, holding that a claim to a monetarily limited item can only exempt the monetary limit. The Court tries and fails to "reconcile" these …
Modified Plans Of Reorganization And The Basic Chapter 13 Bargain, David G. Carlson
Modified Plans Of Reorganization And The Basic Chapter 13 Bargain, David G. Carlson
Articles
A very large number of chapter 13 plans are confirmed each year. Unlike chapter 11 plans (for non-individuals), these plans may be revised after confirmation. The modification provisions of the Bankruptcy Code, however, give very little guidance as to what constitutes a permissible modification. In contrast, confirmation of the original plan is very carefully governed. This article theorizes that modification must honor the basic chapter 13 bargain. According to this bargain, the debtor is entitled to the bankruptcy estate and the creditors are entitled to net surplus income. The article assesses whether the diffuse and disorganized caselaw of modification adheres …
The Chapter 13 Estate And Its Discontents, David G. Carlson
The Chapter 13 Estate And Its Discontents, David G. Carlson
Articles
Thirty years after the enactment of the Bankruptcy Code, the courts have yet to agree on a theory of the bankruptcy estate in Chapter 13 cases. This is not the fault of the courts. The Bankruptcy Code is contradictory as to the composition of the chapter 13 estate. This article selects one of four possible theories and defends it as the one that does the least violence to the plain meaning of the Bankruptcy Code.
This theory is referred to in this article as the "Divestment Theory," because it holds that, upon confirmation of a chapter 13 plan, the debtor …
Secured Lending As A Zero-Sum Game, David G. Carlson
Rake's Progress: Cure And Reinstatement Of Secured Claims In Bankruptcy Reorganization, David G. Carlson
Rake's Progress: Cure And Reinstatement Of Secured Claims In Bankruptcy Reorganization, David G. Carlson
Articles
No abstract provided.
Redemption And Reinstatement In Chapter 7 Cases, David G. Carlson
Redemption And Reinstatement In Chapter 7 Cases, David G. Carlson
Articles
No abstract provided.
When Is A Preferential Transfer Required To Be Recorded?, Evans Holbrook
When Is A Preferential Transfer Required To Be Recorded?, Evans Holbrook
Articles
In the recent case of Carey v. Donohue, 36 Sup. Ct. 386, the Supreme Court of the United States has passed on a question that has for years been vexing the Circuit Courts of Appeals, namely: When is the recording of a preferential transfer "required" under § 60 of the'Bankruptcy Act of 1898 as amended in 1903 and 1910. § 60a (as amended in 1903) defines a preference as a transaction by which property of an insolvent debtor is transferred, within four months before his bankruptcy, in such a way that the debt owing to one of his creditors will …
A Surety's Claim Against His Bankrupt Principal Under The Present Law, Evans Holbrook
A Surety's Claim Against His Bankrupt Principal Under The Present Law, Evans Holbrook
Articles
"The peculiar three-sided relationship of principal, surety and creditor gives rise to many vexatious questions of law, and one of the most interesting is that of the relationship between surety and principal in the case of the latter's bankruptcy."