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Fairness, Responsibility, And Efficiency In The Bankruptcy Discharge: Are The Commission’S Recommendations Enough?, Veryl Victoria Miles

Scholarly Articles

No abstract provided.

The Nondischargeability Of Divorce-Based Debts In Bankruptcy: A Legislative Response To The Hardened Heart, Veryl Victoria Miles

Scholarly Articles

No abstract provided.

Assessing Modern Bankruptcy Law: An Example Of Justice, Veryl Victoria Miles

Scholarly Articles

The task undertaken in this article will be to consider how well modern bankruptcy law measures up to concepts of justice that have evolved from Catholic social thought. The application of Catholic social justice in the assessment of whether a law is "just" or "unjust" can be viewed as a rational progression in evaluating the quality of justice achieved under a law.

Bankruptcy Relief From Secured Tax Liens, Veryl Victoria Miles

Scholarly Articles

This article will discuss the rules of bankruptcy law that are most relevant to the treatment of prepetition secured tax claims. It also will discuss the consequences of these rules and how they affect the various parties to the bankruptcy proceeding: the debtor, the secured tax claimant, and the unsecured creditors.

Bankruptcy Practice In Virginia: A Multifaceted Experience, Veryl Victoria Miles

Scholarly Articles

No abstract provided.

Discharging Tax Liability In Bankruptcy, Veryl Victoria Miles

Scholarly Articles

This article will examine what the answer depends on: The kinds of tax liabilities individual debtors are typically burdened with upon entering the bankruptcy process and the extent to which these prepetition debts are dischargeable or nondischargeable in bankruptcy. The kinds of tax claims discussed in this article are unsecured tax claims. Accordingly, if a tax claim is secured by a lien against the debtor's property the following discussion would not be relevant.

The Bifurcation Of Undersecured Residential Mortgages Under Sec. 1322(B)(2) Of The Bankruptcy Code: The Final Resolution, Veryl Victoria Miles

Scholarly Articles

In August of 1992 the Fifth Circuit Court of Appeals, in its decision in Nobleman v. American Savings Bank (In re Nobleman), interpreted § 1322(b)(2) of the Code as prohibiting the bifurcation of a claim secured only by a lien against a debtor's principal residence. This decision is contrary to the position taken previously by the Courts of Appeals for the Second, Third, Ninth and Tenth Circuits on the same question. On December 7, 1992 the Supreme Court granted a petition for certiorari, filed by the debtor in Nobleman, to resolve the split now existing among the courts of appeals. …

A Debtor’S Right To Avoid Liens Against Exempt Property Under Section 522 Of The Bankruptcy Code: Meaningless Or Meaningful?, Veryl Victoria Miles

Scholarly Articles

This article reviews the conflict as it has taken form in the courts of appeal of several circuits. The first section of the article briefly discusses the legislative history of section 522, and the purpose of Congress in providing the debtor with both exemptions and lien avoidance powers under the Code. It next reviews the decisions of courts of appeal that have interpreted the extent of the "opt~out" powers granted to the states under section 522(b). The third and final section analyzes the two views on the question, and concludes that the better interpretation is that the states are not …

Interpreting The Nondischargeability Of Drunk Driving Debts Under Section 523(A)(9) Of The Bankruptcy Code: A Case Of Judicial Legislation, Veryl Victoria Miles

Scholarly Articles

This article presents a critical analysis of section 523(a)(9) and explores the appropriate limits of statutory construction in the judicial interpretations of the provision. Part I of the article includes a discussion of the history of section 523(a)(9) and why it was necessary for Congress to enact a special anti-drunk driving provision to assure that bankrupts could not escape financial liability for drunk driving debts under the Code. This section also will address how the addition of section 523(a)(9) has expanded and affected the options for nondischargeability determinations under the Code. Part II focuses on the (1) "inartfully drafted" language …

Determining The Limits Of Postpetition Interest Under Section 506(B) Of The Bankruptcy Code: In Re Ron Pair Enterprises, Veryl Victoria Miles

Scholarly Articles

This article will consider the merits of both sides of the debate that now engulfs Section 506(b), as presented primarily by the Sixth and Fourth Circuit Courts in Ron Pair Enterprises and Best Repair, respectively. After summarizing the arguments presented and the decision of the court in Ron Pair Enterprises, the article will present an analysis of the majority and minority views on the language of Section 506(b) and offer a critical assessment of the pre-Code law on the allowance of postpetition interest on over-secured claims.

From this assessment, this article will conclude that Section 506(b) should be interpreted in …

The Public Utility In Bankruptcy: A Reality, Veryl Victoria Miles

Scholarly Articles

No abstract provided.

Adequate Assurance Of Payment Under Section 366 Of The Bankruptcy Code: A Term For Interpretive Flexibility Or Judicial Confusion?, Veryl Victoria Miles

Scholarly Articles

This article will focus on the interpretive struggle that the courts have encountered in making determinations of what constitutes adequate assurance of payment under section 366 and how this struggle might be eliminated so as to make compliance with the requirements of adequate assurance of payment less of a problem for the utility and bankrupt debtor. It is the thesis of this article that section 366 determinations of adequate assurance have resulted in interpretive confusion, leaving debtors and creditors with little guidance as to what criteria should be considered in negotiating an adequate assurance of payment. The recommended solution to …