Law Commons^™

Analysis Of The Conflicts Between Environmental Law And Bankruptcy Law, Laura M. Dalton, Dennis F. Kerringan Jr.

William & Mary Environmental Law and Policy Review

No abstract provided.

Giving Away Money: Comparative Comments On Claims Resolution Facilities, Mark A. Peterson

Law and Contemporary Problems

No abstract provided.

The Bankruptcy Code Requirement Of Compliance With Lease Obligations--Does "All" Mean Everything?, Glenn F. Schmitt

Northern Illinois University Law Review

This article considers the intent of Congress in Bankruptcy Code section 365(d)(3) as it affects the rights of shopping center lessors vis-d-vis their tenants who seek bankruptcy protection. The author concludes the Section should be broadly applied to require such tenants to fully comply with the terms of their leases.

International Environmental Bankruptcy: An Overview Of Environmental Bankruptcy Law, Including A State's Claims Against The Multinational Polluter, Rick M. Reznicsek

Vanderbilt Journal of Transnational Law

This Note focuses on current environmental bankruptcy law in the United States. It analyzes the claims of a state against a corporate polluter when the corporation discharges a toxic substance in violation of the state's environmental laws, refuses to clean up the waste, and then files bankruptcy in lieu of paying for the cleanup.

This Note analyzes the court decisions subsequent to the United States Supreme Court opinions in Ohio v. Kovacs and Midlantic National Bank v. New Jersey Department of Environmental Protection to evaluate the current status of United States bankruptcy law on the issues of the automatic stay; …

Bankruptcy Law - Pennsylvania Housing Finance Agency May Discontinue Emergency Mortgage Assistance Payments To Recipients Who File For Bankruptcy, Richard Ruffee

Villanova Law Review

No abstract provided.

Bankruptcy Law - Third Circuit Requires Strict Compliance With Thirty Day Rule In Section 362(E) Of Bankruptcy Code And Bankruptcy Rule 4001(B), Albert A. Ciardi Iii

Villanova Law Review

No abstract provided.

Substantive Consolidation In Bankruptcy: A Primer, J. Stephen Gilbert

Vanderbilt Law Review

Substantive consolidation is a powerful vehicle in bankruptcy by which the assets and liabilities of one or more entities are combined and treated for bankruptcy purposes as belonging to a single enterprise.Because substantive consolidation vitally affects the rights and interests of parties involved in bankruptcy proceedings, it is termed a matter"pregnant with consequence"' and should be used with caution. Substantive consolidation is not a common occurrence because it exacts strict requirements in order to protect the parties that it affects. Be-cause substantive consolidation lacks clear statutory guidance, however,courts examine the facts of each case closely to ascertain whether consolidation is …

Good Intentions, Bad Economics: Retiree Insurance Benefits In Bankruptcy, Dan Keating

Vanderbilt Law Review

One of the emerging corporate problems of the 1980s, retiree insurance benefits, has met face to face with an increasingly common corporate solution, Chapter 11 reorganization. The intersection of these two phenomena first gained national attention with the July 1986 bankruptcy filing of the LTV Steel Corporation. Immediately after seeking bankruptcy court protection, LTV informed its 68,000 retirees that the company temporarily would cease to pay the medical and life insurance benefits that it had promised these former workers when they retired.

Prompted by tragic stories of LTV retirees and their spouses who were forced to postpone critical medical treatment, …

Post-Petition Trading In Chapter 11 Claims: A Call For Augmentation Of Federal Rule Of Bankruptcy Procedure 3001(E)(2), Gordon Caplan

Fordham Law Review

No abstract provided.