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Full-Text Articles in Law
The Purchase Money Security Interest In Inventory Versus The After-Acquired Property Interest-A "No Win" Situation, Nathaniel Hansford
The Purchase Money Security Interest In Inventory Versus The After-Acquired Property Interest-A "No Win" Situation, Nathaniel Hansford
University of Richmond Law Review
Extending credit entails risk. Seldom is a creditor absolutely assured of complete payment of his debt. Not only is there a risk in almost every loan, but the types of risks that must be weighed are manifold. The debtor may be a poor business person and never make a profit sufficient to repay the debt. The debtor class is replete with scoundrels and outright crooks who borrow money without any intention to service the debt. The economy may slump to such a degree that even astute business persons are pressed to pay their outstanding obligations. The creditor's collateral may deteriorate …
The "Fresh Start" Policy In Consumer Bankruptcy: A Historical Inventory And An Interpretive Theory, Charles G. Hallinan
The "Fresh Start" Policy In Consumer Bankruptcy: A Historical Inventory And An Interpretive Theory, Charles G. Hallinan
University of Richmond Law Review
In part II, the article traces the historical development of the idea of providing relief to troubled debtors in bankruptcy, an idea usually summarized as the "fresh start" policy of bankruptcy law. The article catalogs and describes the empirical assumptions and normative judgments underlying the various explanations offered for the availability of a discharge or "fresh start" in bankruptcy. In part II, the article examines the existing Bankruptcy Code in the light of these various theories. The article concludes that the Code's debtor relief provisions are best understood as a form of compulsory insurance for debtors. The nature of insurance …
Consequences Of Converting A Bankruptcy Case, David G. Epstein
Consequences Of Converting A Bankruptcy Case, David G. Epstein
Law Faculty Publications
This paper discusses some of the consequences of converting a bankruptcy case from one chapter to another. At present, there are four different forms of bankruptcy: chapter 7, chapter 9, chapter 11, chapter 13. Congress is currently considering creating yet a fifth form of bankruptcy for farmers. Most individual debtors are now eligible for relief under three of the chapters, 7, 11, or 13. Corporate and partnership debtors can now choose between chapter 7 and chapter 11. The various chapters of the Bankruptcy Code differ in both policy and particulars. A chapter 7 case involves liquidation of the "property of …
Is Revision Due For Article 2?, David Frisch
Is Revision Due For Article 2?, David Frisch
Law Faculty Publications
Although we ask whether Article 2 should be re-examined, it is not our only question. A second question posed is: What are the sources to which one should look in order to discover whether there is a strong enough need to justify a revision? In addition to mentioning sources, we offer a few examples illustrative of the fruits which these sources can produce. By doing so, we hope to spur additional interest because, if discussion of a new Article 2 is to begin, the sooner it begins the better. Revisions take time. Six years can pass from the time a …