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- Bankruptcy Reform Act of 1994; Section 362(a) of the Bankruptcy Code; automatic stay; bankruptcy jury trials; sovereign immunity; non-Article III court; insider preferences; lien stripping in Chapter 11; post petition rents; small business cases; (1)
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Articles 1 - 30 of 35
Full-Text Articles in Law
Bankruptcy Redistributive Policies And The Limits Of The Judicial Process, Christopher W. Frost
Bankruptcy Redistributive Policies And The Limits Of The Judicial Process, Christopher W. Frost
Law Faculty Scholarly Articles
Business failure negatively affects a broad range of interests, yet the bankruptcy process directly protects only a small segment of interest-holders: the creditors. Some commentators argue for expansion of that protection to encompass redistributive norms and provide for the interests of non-investors in the failed business. The Bankruptcy Reform Act of 1994’s establishment of a national commission to study the bankruptcy process and its broader policy implications brings with it the opportunity to consider that redistributive argument and perhaps change the process to include the interests of non-investors under the reorganization umbrella. This Article responds to those who would have …
The Fdic's Fraudulent Conveyance Power Under The Crime Control Act Of 1990: Bank Insolvency Law And The Politics Of The Iron Triangle, Edward J. Janger
The Fdic's Fraudulent Conveyance Power Under The Crime Control Act Of 1990: Bank Insolvency Law And The Politics Of The Iron Triangle, Edward J. Janger
Faculty Scholarship
No abstract provided.
Bankruptcy—Preferential Transfers—Ordinary Course Of Business Exception Requires Objective Proof Of Industry Standards. Jones V. United Sav. & Loan Ass'n (In Re U.S.A. Inns, Inc.), 9 F.3d 680 (8th Cir. 1993)., Phyllis A. Mckenzie
University of Arkansas at Little Rock Law Review
No abstract provided.
Seeing The Forest And The Trees: The Proper Role Of The Bankruptcy Attorney, Nancy B. Rapoport
Seeing The Forest And The Trees: The Proper Role Of The Bankruptcy Attorney, Nancy B. Rapoport
Indiana Law Journal
No abstract provided.
Bankruptcy, W. Homer Drake Jr., James W. Dilz
Bankruptcy, W. Homer Drake Jr., James W. Dilz
Mercer Law Review
During 1994 the United States Court of Appeals for the Eleventh Circuit decided thirteen cases under the Bankruptcy Code ("Code")' in the areas of discharge and dischargeability, preferences, fraudulent transfers, exemptions, lien avoidance, executory contracts, administrative expenses, postconfirmation default, attorney fees, substantive consolidation, and bankruptcy fraud. This Article is a survey of the bankruptcy decisions by the Eleventh Circuit in 1994.
Debtors Who Convert Their Assets On The Eve Of Bankruptcy: Villians Or Victims Of The Fresh Start, F. Knippenberg
Debtors Who Convert Their Assets On The Eve Of Bankruptcy: Villians Or Victims Of The Fresh Start, F. Knippenberg
F. Stephen Knippenberg
No abstract provided.
Back To The Parent: Holding Company Liability For Subsidiary Banks — A Discussion Of The Net Worth Maintenance Agreement, The Source Of Strength Doctrine, And The Prompt Corrective Action Provision, Cassandra Jones Havard
Back To The Parent: Holding Company Liability For Subsidiary Banks — A Discussion Of The Net Worth Maintenance Agreement, The Source Of Strength Doctrine, And The Prompt Corrective Action Provision, Cassandra Jones Havard
All Faculty Scholarship
Given the statutory goal of parental accountability, this Article focuses on a narrow issue: Whether parental guarantees are the most effective regulatory tool for shielding the federal deposit insurance fund from losses when insured banking subsidiaries that are members of a multibank holding company system are insolvent. This Article posits that a needed complement to parental guarantees is temporary substantive consolidation of a holding company's affiliated banks. This would require the parent company to combine the assets of its banking siblings to facilitate the reorganization of a financially troubled subsidiary. Temporary enterprise consolidation is a necessary regulatory tool because it …
From Behind The Looking Glass: Good Faith, Fiduciary Duty & Permitted Harm, Claire Moore Dickerson
From Behind The Looking Glass: Good Faith, Fiduciary Duty & Permitted Harm, Claire Moore Dickerson
Florida State University Law Review
No abstract provided.
The Bankruptcy Reform Act Of 1994, Allen W. Bird Ii, James G. Mixon, Brian Rosenthal
The Bankruptcy Reform Act Of 1994, Allen W. Bird Ii, James G. Mixon, Brian Rosenthal
University of Arkansas at Little Rock Law Review
No abstract provided.
Fresh Start, False Start, Or Head Start?, Douglass Boshkoff
Fresh Start, False Start, Or Head Start?, Douglass Boshkoff
Indiana Law Journal
No abstract provided.
15th Annual Legal Issues For Financial Institutions Conference, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Walter R. Byrne Jr, Mark F. Sommer, Lisa Koch Bryant, Leonard A. Watkins, Thomas W. Grundy, Joann B. Heppermann, James C. Seiffert, William H. Haden Jr., T. Richard Riney, Marcus P. Mcgraw, W. Bradford Boone, John T. Mcgarvey, James F. Rose, J. Rick Jones, M. Thurman Senn, M. Brooks Senn
15th Annual Legal Issues For Financial Institutions Conference, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Walter R. Byrne Jr, Mark F. Sommer, Lisa Koch Bryant, Leonard A. Watkins, Thomas W. Grundy, Joann B. Heppermann, James C. Seiffert, William H. Haden Jr., T. Richard Riney, Marcus P. Mcgraw, W. Bradford Boone, John T. Mcgarvey, James F. Rose, J. Rick Jones, M. Thurman Senn, M. Brooks Senn
Continuing Legal Education Materials
Program and materials from the 15th Annual Legal Issues for Financial Institutions Conference held by UK/CLE on March 10-11, 1995.
"Cramdown" Confirmation Of Single-Asset Debtor Reorganization Plans Through Separate Classification Of The Deficiency Claim - How In Re U.S. Truck Co. Was Run Off The Road, King F. Tower
William & Mary Law Review
No abstract provided.
The Fault Is In Ourselves, Roger J. Miner '56
Ordinary Business Terms: Setting The Standard For 11 U.S.C. S 547(C)(2), Janet E. Byrne Thabit
Ordinary Business Terms: Setting The Standard For 11 U.S.C. S 547(C)(2), Janet E. Byrne Thabit
Loyola University Chicago Law Journal
No abstract provided.
A Mini-Theme On Bankruptcy, Walter Effross
A Mini-Theme On Bankruptcy, Walter Effross
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Denial Of Future Tort Claims In In Re Piper Aircraft: Will The Court's Quick-Fix Solution Keep The Debtor Flying High Or Bring It Crashing Down?, Michelle M. Harner
The Denial Of Future Tort Claims In In Re Piper Aircraft: Will The Court's Quick-Fix Solution Keep The Debtor Flying High Or Bring It Crashing Down?, Michelle M. Harner
Faculty Scholarship
No abstract provided.
Resolving Still Unresolved Issues Of Bankruptcy Law: A Fence Or An Ambulance, David G. Epstein
Resolving Still Unresolved Issues Of Bankruptcy Law: A Fence Or An Ambulance, David G. Epstein
Law Faculty Publications
Congress established a Bankruptcy Review Commission ("'Commission") when it enacted the Bankruptcy Reform Act of 1994. Although the Commission is empowered to review the Bankruptcy Code and make recommendations based upon its findings and conclusions, its focus is directed toward making suggestions that do not disturb the fundamental principles and balance of current law. Instead, the stated purposes of the Commission are: ( 1) to investigate and study issues and problems relating to title 11, United States Code (commonly known as the "'Bankruptcy Code"); (2) to evaluate the advisability of proposals and current arrangements with respect to such issues and …
Why The Debtor's State Of Incorporation Should Be The Proper Place For Article 9 Filing: A System Analysis, Lynn M. Lopucki
Why The Debtor's State Of Incorporation Should Be The Proper Place For Article 9 Filing: A System Analysis, Lynn M. Lopucki
UF Law Faculty Publications
No abstract provided.
Bankruptcy Practice In Virginia: A Multifaceted Experience, Veryl Victoria Miles
Bankruptcy Practice In Virginia: A Multifaceted Experience, Veryl Victoria Miles
Scholarly Articles
No abstract provided.
From Orphan To Maturity: The Development Of The Bankruptcy System During L. Ralph Mecham's Tenure As Director Of The Administrative Office Of The United States Courts L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress , Lloyd D. George
American University Law Review
No abstract provided.
Discharging Tax Liability In Bankruptcy, Veryl Victoria Miles
Discharging Tax Liability In Bankruptcy, Veryl Victoria Miles
Scholarly Articles
This article will examine what the answer depends on: The kinds of tax liabilities individual debtors are typically burdened with upon entering the bankruptcy process and the extent to which these prepetition debts are dischargeable or nondischargeable in bankruptcy. The kinds of tax claims discussed in this article are unsecured tax claims. Accordingly, if a tax claim is secured by a lien against the debtor's property the following discussion would not be relevant.
New Capital For Bankruptcy Reorganizations: It's The Amount That Counts,, Charles Adams
New Capital For Bankruptcy Reorganizations: It's The Amount That Counts,, Charles Adams
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Bankruptcy In Russia: The Evolution Of A Comprehensive Russian Bankruptcy Code, Paul Williams, Paul Wade
Bankruptcy In Russia: The Evolution Of A Comprehensive Russian Bankruptcy Code, Paul Williams, Paul Wade
Articles in Law Reviews & Other Academic Journals
This article traces the development of the current bankruptcy code, with it origins in the early economic laws of perestroika; explains key provisions of the current law; and comments on the prospects for its effective implementation. The intent of this article is to provide a balanced understanding of the Russian bankruptcy code useful both to the study of the emergence of a market-based economy in Russia and as a bankruptcy primer for individuals or corporations conducting business in Russia.
Caught Between Rocks And Hard Places: The Plight Of Reinsurance Intermediaries Under U.S. And English Law, Stephen W. Schwab, Peter G. Gallanis, David E. Mendelsohn, Bradley V. Ritter
Caught Between Rocks And Hard Places: The Plight Of Reinsurance Intermediaries Under U.S. And English Law, Stephen W. Schwab, Peter G. Gallanis, David E. Mendelsohn, Bradley V. Ritter
Michigan Journal of International Law
Accordingly, Part I of this article provides a review of the role intermediaries have played in the recent spate of insurance company insolvencies and an overview of intermediary rights and duties. Part II then progresses to a discussion of English intermediary law, analyzing how the general English rules apply to intermediaries when a cedent or reinsurer becomes insolvent. Part III addresses the same issues under U.S. law, tracing the most recent statutory developments from their cause and considering their effect on reinsurance transactions. This article concludes with a discussion of how English and U.S. law interact in reinsurance transactions, pointing …
Clueless On Classification: Toward Removing Artificial Limits On Chapter 11 Claim Classification, Bruce A. Markell
Clueless On Classification: Toward Removing Artificial Limits On Chapter 11 Claim Classification, Bruce A. Markell
Articles by Maurer Faculty
No abstract provided.
Bankruptcy And The Entitlements Of The Government: Whose Money Is It Anyway?, Ronald J. Mann
Bankruptcy And The Entitlements Of The Government: Whose Money Is It Anyway?, Ronald J. Mann
Faculty Scholarship
A debate between two groups of scholars has dominated bankruptcy scholarship for the past decade. The first group, often referred to as the creditors' bargain theorists, argues that creditors' agreements with debtors create entitlements to payment the proper role of the bankruptcy system, therefore should be to benefit creditors by enforcing rules to which creditors would have agreed before bankruptcy. The second group of scholars contends that the goals of the bankruptcy system should not be limited to the interests of creditors. Instead, they maintain that the bankruptcy system, as a part of our country's wider system of social protection, …
Seeing The Forest And The Trees: The Proper Role Of The Bankruptcy Attorney, Nancy B. Rapoport
Seeing The Forest And The Trees: The Proper Role Of The Bankruptcy Attorney, Nancy B. Rapoport
Scholarly Works
This article discusses the tension between the lawyer's duty to her client and her duty to the legal system as an officer of the court. It concludes that, in a situation in which those two duties conflict, the lawyer's duty to the system as a whole should trump the duty to the client.
Choosing The Law Governing Perfection: The Data And Politics Of Article 9 Filing, Steven L. Harris, Charles W. Mooney Jr.
Choosing The Law Governing Perfection: The Data And Politics Of Article 9 Filing, Steven L. Harris, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
Bankruptcy's Fresh Start Vs. Environmental Cleanup: Statutory Schizophrenia, Michael A. Bloom
Bankruptcy's Fresh Start Vs. Environmental Cleanup: Statutory Schizophrenia, Michael A. Bloom
Villanova Environmental Law Journal
No abstract provided.
Bankruptcy In The Seventh Circuit: 1994, Douglass Boshkoff
Bankruptcy In The Seventh Circuit: 1994, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.