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Full-Text Articles in Law

Premerger Review And Bankruptcy: The Meaning Of Section 363(B)(2), Robert B. Greenbaum, Alan J. Meese Oct 1991

Premerger Review And Bankruptcy: The Meaning Of Section 363(B)(2), Robert B. Greenbaum, Alan J. Meese

Popular Media

No abstract provided.


Including Retirement Benefits In A Debtor's Bankruptcy Estate: A Proposal For Harmonizing Erisa And The Bankruptcy Code, Michelle A. Cecil Jul 1991

Including Retirement Benefits In A Debtor's Bankruptcy Estate: A Proposal For Harmonizing Erisa And The Bankruptcy Code, Michelle A. Cecil

Faculty Publications

This Article first examines the conflicting policies of ERISA and the Bankruptcy Code. It then explores how the various courts have attempted to reconcile these policies when faced with the issue of whether a debtor's interest in retirement plan assets should be available for distribution to creditors in bankruptcy. In analyzing the relevant case law, the Article examines cases addressing the exclusion issue (whether pension plans should be excluded from the bankruptcy estate entirely). It also evaluates cases addressing the exemption issue (whether plan assets, once included in the bankruptcy estate, can be exempted out of the estate by ...


Bankruptcy Officials Vs. The Internal Revenue Service: A Federal House Divided Against Itself, Craig J. Langstraat, Mark S. Aquadro Jan 1991

Bankruptcy Officials Vs. The Internal Revenue Service: A Federal House Divided Against Itself, Craig J. Langstraat, Mark S. Aquadro

Akron Tax Journal

This article will discuss several current areas of dispute between bankruptcy officials; i.e., trustees and judges, and the Internal Revenue Service ("IRS") as evidenced by litigation in the U.S. Supreme Court and certain federal circuit courts of appeal. A policy resolution to the numerous conflicts will be suggested along with specific statutory modifications to alleviate the costly burden of continued future litigation.


United States Government Contract: The Unilateral Act Of Government Contracting, Sawvalak Chulpongstorn Jan 1991

United States Government Contract: The Unilateral Act Of Government Contracting, Sawvalak Chulpongstorn

LLM Theses and Essays

The debarment, suspension, and termination of the Government contract can cause a sudden financial ruin or bankruptcy of the contractor. Consequently, the question of whether the Government’s debarment, suspension, and termination is proper can be of vital importance. This thesis, in consequence, will focus on two major problem areas of the unilateral act of the government in contracting with the contractor. The first problem area is whether the debarment and suspension meet the requirement of due process of law. The second problem area is whether or not the government’s right to terminate the contract is proper or legal ...


Bankruptcy: Eleventh Circuit Review, Lawrence Kalevitch Jan 1991

Bankruptcy: Eleventh Circuit Review, Lawrence Kalevitch

Nova Law Review

In the last two years, the Eleventh Circuit decided several cases

which have raised controversial questions about the treatment of liens'

or secured claims2 in consumer bankruptcy.


Secured Creditors And The Eely Character Of Bankruptcy Valuations, David Gray Carlson Jan 1991

Secured Creditors And The Eely Character Of Bankruptcy Valuations, David Gray Carlson

Articles

No abstract provided.


Toward Deposit Insurance Reform, Henry B. Gonzalez Jan 1991

Toward Deposit Insurance Reform, Henry B. Gonzalez

Washington University Law Review

No abstract provided.


Safety And Soundness In Banking Reform: Implications For The Federal Deposit Insurer, Alfred J. T. Byrne, Martha L. Coulter Jan 1991

Safety And Soundness In Banking Reform: Implications For The Federal Deposit Insurer, Alfred J. T. Byrne, Martha L. Coulter

Washington University Law Review

No abstract provided.


Fdic Claims Of Priority In The Case Of The Failed Bank, Mark Jakubik Jan 1991

Fdic Claims Of Priority In The Case Of The Failed Bank, Mark Jakubik

Villanova Law Review

No abstract provided.


"Consecutive" Chapter 11 Filings: Use Or Abuse?, Jonathan Moss Jan 1991

"Consecutive" Chapter 11 Filings: Use Or Abuse?, Jonathan Moss

Fordham Urban Law Journal

This Note argues that bankrtupcy courts should apply a good faith standard that imposes a higher level of scrutiny before permitting a debtor to proceed with a second filing and plan. This Note proceeds to analyze the good faith standards for consecutive Chapter 11 petitions established in different jurisdictions. This Note then proceeds to explore the threat consecutive provisions pose to the Bankruptcy Code's lease and executory contract provisions. This Note then analyzes how consecutive filings can undermine the Code's basic creditor protections, and concludes that courts should apply a rigorous good faith standard consistent with recent decisions ...


Editor's Notes, Peter A. Alces Jan 1991

Editor's Notes, Peter A. Alces

Faculty Publications

No abstract provided.


Ending The Marathon: It Is Time To Overrule “Northern Pipeline”, Erwin Chemerinsky Jan 1991

Ending The Marathon: It Is Time To Overrule “Northern Pipeline”, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Owners, Auctions, And Absolute Priority In Bankruptcy Reorganizations, Bruce A. Markell Jan 1991

Owners, Auctions, And Absolute Priority In Bankruptcy Reorganizations, Bruce A. Markell

Articles by Maurer Faculty

No abstract provided.


Insider Guaranties: Their Effect On The Bankruptcy Preference "Reach Back" Period And Possible Use In Getting An "Ordinary Course" Exception Avoidance, Thomas D. Buckley Jan 1991

Insider Guaranties: Their Effect On The Bankruptcy Preference "Reach Back" Period And Possible Use In Getting An "Ordinary Course" Exception Avoidance, Thomas D. Buckley

Law Faculty Articles and Essays

In 1990 the Sixth Circuit decided two bankrupcty preference cases, Ray v. City Bank & Trust Co. (In re C-L Cartage Co.) ("Cartage") and Gosch v. Burns (In re Finn) ("Finn"), that will have important consequences in the administration of bankruptcy proceedings and will also influence the way lenders and borrowers do business with each other in the future, whether or not a bankruptcy ever ensues. This article first describes briefly the mechanics of preference law and the application of it in Cartage and Finn. The article then focuses primarily on the Cartage decision, because the analytic approach taken by the ...


The Use Of Ohio's Preference Law In Bankruptcy: An Alternative To Section 547 With A Longer "Reach-Back" Period, Thomas D. Buckley Jan 1991

The Use Of Ohio's Preference Law In Bankruptcy: An Alternative To Section 547 With A Longer "Reach-Back" Period, Thomas D. Buckley

Law Faculty Articles and Essays

Ohio is one of the few states with a preference law of general application among its debtor-creditor statutes. Ohio Revised Code sections 1313.56 and 1313.57 give creditors an avoidance power similar to a bankruptcy trustee's avoidance power under federal bankruptcy law. While this article compares the federal and state preference rules, evaluating the pratical significance of the differences between them, the relative strength of the two laws is less important than the fact that the bankruptcy trustee can choose whichever of the two laws is more effective with respect to any given prebankruptcy transaction. Thus, both laws ...


Absolute Priority And New Value, James J. White Jan 1991

Absolute Priority And New Value, James J. White

Articles

This paper is based on a lecture given on December 6, 1990 ast the Second Annual Robert E. Krinock Lecture. The absolute priority rule is a specific application of the broader doctrine that reorganization plans must be "fair and equitable." Both have their origins in the railroad reorganization cases of the early 20th century. The general doctrine is now codified in section 1129(b)(2) of the Bankruptcy Code and the rule is codified in subsection 1129(b)(2)(B)(ii) which provides that the debtor must pay a nonconsenting class of unsecured creditors in full or "the holder of ...


Partner Bankruptcy And Partnership Dissolution: Protecting The Terms Of The Contract And Ensuring Predictability, Lawrence J. La Sala Jan 1991

Partner Bankruptcy And Partnership Dissolution: Protecting The Terms Of The Contract And Ensuring Predictability, Lawrence J. La Sala

Fordham Law Review

No abstract provided.


The Implementation Of Bankruptcy Code Section 707(B): The Law And The Reality, Wayne R. Wells, Janell M. Kurtz, Robert J. Calhoun Jan 1991

The Implementation Of Bankruptcy Code Section 707(B): The Law And The Reality, Wayne R. Wells, Janell M. Kurtz, Robert J. Calhoun

Cleveland State Law Review

The introduction of section 707(b) to the bankruptcy code has raised many difficult interpretational issues. This article focuses on those issues concerning the implementation of section 707(b). Under the law, only the courts and the U.S. Trustees are permitted to raise the issue of substantial abuse. Therefore, to determine how section 707(b) is actually being administered, a survey was distributed to the U.S. Bankruptcy Courts and the U.S. Trustees. The results of the survey are integrated into a discussion of the current status of the law and presented in this article. This analysis identifies ...