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Full-Text Articles in Law
Debtor Incentives, Agency Costs And Voting Theory In Chapter 11, Scott F. Norberg
Debtor Incentives, Agency Costs And Voting Theory In Chapter 11, Scott F. Norberg
Faculty Publications
No abstract provided.
The Past And Future Of Kentucky's Fraudulent Transfer And Preference Laws, Douglas C. Michael
The Past And Future Of Kentucky's Fraudulent Transfer And Preference Laws, Douglas C. Michael
Law Faculty Scholarly Articles
An important part of the law of creditors' remedies is the ability of creditors to recover property formerly held by the debtor, but transferred to others under circumstances that are considered to be unfair or inequitable. There are two principal ways a creditor can seek to have a debtor's transfer characterized as unfair in order to recover it. First, a transfer to another creditor or a third party can be fraudulent as to one or all of the remaining creditors, or may be deemed to be fraudulent because of the circumstances surrounding the transfer, such as a transfer made by …
The Bankruptcy Review Commission Recommendation On Classification Of Claims In Chapter 11, Scott F. Norberg
The Bankruptcy Review Commission Recommendation On Classification Of Claims In Chapter 11, Scott F. Norberg
Faculty Publications
No abstract provided.
National Bankruptcy Review Commission's Section 365 Recommendations And The Larger Conceptual Issues, David G. Epstein
National Bankruptcy Review Commission's Section 365 Recommendations And The Larger Conceptual Issues, David G. Epstein
Law Faculty Publications
In the chapter of the Report of the National Bankruptcy Commission ("Report") entitled "Business Bankruptcy," the National Bankruptcy Review Commission ("Review Commission") makes four recommendations regarding section 365 of the Bankruptcy Code: 2.4.1 Clarifying the Meaning of "Rejection" The concept of "rejection" in section 365 should be replaced with "election to breach." Section 365 should provide that a trustee's ability to elect to breach a contract of the debtor is not an avoiding power. Section 502(g) should be amended to provide that a claim arising from the election to breach shall be allowed or disallowed the same as if such …