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Full-Text Articles in Law

Foreward, David G. Epstein Jan 1989

Foreward, David G. Epstein

Law Faculty Publications

The decision by the Board of Editors of the Mississippi College Law Review to publish a bankruptcy symposium issue is a timely one. In the boardrooms of American businesses and the kitchens of American families, more and more people are talking about bankruptcy; more and more people are deciding to file bankruptcy petitions. This increase in bankruptcy filings is in part attributable to world, national, and local economic changes, in part attributable to changes in business and society and in business and societal values, in part attributable to changes in the bankruptcy law.


The Malformed Mouse Meets The Libr: Secured And Restitutionary Claims To Commingled Funds, Harold R. Weinberg Jan 1989

The Malformed Mouse Meets The Libr: Secured And Restitutionary Claims To Commingled Funds, Harold R. Weinberg

Law Faculty Scholarly Articles

The "malformed mouse" is section 9-306(4)(d) of the Uniform Commercial Code. It provides a formula that determines the extent to which an insolvent debtor's commingled bank account contains funds subject to a security interest. A special entitlement is necessary because it is impossible to physically distinguish this collateral after commingling. The label malformed mouse is appropriate if one agrees with critics who have questioned the mouse's statutory architecture and underlying rationale. The image of an elusive creature is also apt. The mouse continues to elude understanding, although it has been part of the Code for many years and the subject …


Federal Oil Price Controls In Bankruptcy Cases: Government Claims For Repayment Of Illegal Overcharges Should Not Be Subordinated And “Penalties” Under 11 Usc §726(A)(4), Thomas A. Schweitzer Jan 1989

Federal Oil Price Controls In Bankruptcy Cases: Government Claims For Repayment Of Illegal Overcharges Should Not Be Subordinated And “Penalties” Under 11 Usc §726(A)(4), Thomas A. Schweitzer

Scholarly Works

No abstract provided.