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Articles 1 - 6 of 6

Full-Text Articles in Law

Contract Excuse And Bankruptcy Discharge, Robert A. Hillman Jan 1990

Contract Excuse And Bankruptcy Discharge, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.


Re Sefel Geophysical Ltd: A Canadian Approach To Some Specific Problems In The Adjudication Of International Insolvencies, Sarah K. Harding Jan 1990

Re Sefel Geophysical Ltd: A Canadian Approach To Some Specific Problems In The Adjudication Of International Insolvencies, Sarah K. Harding

All Faculty Scholarship

No abstract provided.


Interpreting The Nondischargeability Of Drunk Driving Debts Under Section 523(A)(9) Of The Bankruptcy Code: A Case Of Judicial Legislation, Veryl Victoria Miles Jan 1990

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 and Other Contributions

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 ...


Application Of The Cash Collateral Paradigm To The Preservation Of The Right To Setoff In Bankruptcy, Jack F. Williams Jan 1990

Application Of The Cash Collateral Paradigm To The Preservation Of The Right To Setoff In Bankruptcy, Jack F. Williams

Faculty Publications By Year

No abstract provided.


Determining Whether Property Is Necessary For An Effective Reorganization: A Proposal For The Use Of Empirical Research, Charles Shafer Jan 1990

Determining Whether Property Is Necessary For An Effective Reorganization: A Proposal For The Use Of Empirical Research, Charles Shafer

All Faculty Scholarship

The automatic stay is considered to be one of the most important provisions of the Bankruptcy Code for Chapter 11 debtors. It is the shield behind which the debtor may go about the process of reorganization using the mechanisms provided by the other sections of the Code. The stay permits a debtor the time to formulate a repayment or reorganization plan.

Resisting a challenge to the stay is, therefore, often crucial to the reorganizing debtor. By preventing the initiation or pursuit of legal action against a debtor, the stay allows the debtor to devote its limited time and resources to ...


Beyond Negotiability: A New Model For Transfer And Pledge Of Interests In Securities Controlled By Intermediaries, Charles W. Mooney Jr. Jan 1990

Beyond Negotiability: A New Model For Transfer And Pledge Of Interests In Securities Controlled By Intermediaries, Charles W. Mooney Jr.

Faculty Scholarship at Penn Law

No abstract provided.