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Articles 1 - 10 of 10

Full-Text Articles in Law

What Should You Notice When You Get Notice?: Undiscovered But Discoverable Environmental Claims In Bankruptcy, Royanne Kashiwahara Doi, H. Hammer Hill Oct 1997

What Should You Notice When You Get Notice?: Undiscovered But Discoverable Environmental Claims In Bankruptcy, Royanne Kashiwahara Doi, H. Hammer Hill

William & Mary Environmental Law and Policy Review

No abstract provided.


Realist And Secured Credit: Grant Gilmore Common-Law Courts And The Article 9 Reform Process , William J. Woodward Jr. Sep 1997

Realist And Secured Credit: Grant Gilmore Common-Law Courts And The Article 9 Reform Process , William J. Woodward Jr.

Cornell Law Review

No abstract provided.


Exemption Planning: How Far May You Go?, William J. Cassidy, A. J. Cristol, Alexandra S. Walden Jul 1997

Exemption Planning: How Far May You Go?, William J. Cassidy, A. J. Cristol, Alexandra S. Walden

South Carolina Law Review

No abstract provided.


An Obscure Revolution: The Liability Of Professionals In Bankruptcy, Bradley M. Elbein Jul 1997

An Obscure Revolution: The Liability Of Professionals In Bankruptcy, Bradley M. Elbein

South Carolina Law Review

No abstract provided.


A Statute Of Disbelief?: Clashing Ethical Imperatives In Fraudulent Transfer Law, Mary J.N. Wiggins Jul 1997

A Statute Of Disbelief?: Clashing Ethical Imperatives In Fraudulent Transfer Law, Mary J.N. Wiggins

South Carolina Law Review

No abstract provided.


Conflicts Of Interest In Workouts And Bankruptcy Reorganization Cases, Gerald K. Smith Jul 1997

Conflicts Of Interest In Workouts And Bankruptcy Reorganization Cases, Gerald K. Smith

South Carolina Law Review

No abstract provided.


Dischargeability Of Consumer Credit Card Debt After Anastas V. American Savings Bank (In Re Anastas), Samuel B. Cothran Jr. Jul 1997

Dischargeability Of Consumer Credit Card Debt After Anastas V. American Savings Bank (In Re Anastas), Samuel B. Cothran Jr.

South Carolina Law Review

No abstract provided.


Res Judicata Effect Of Bankruptcy Court Judgments: The Procedural And Constitutional Concerns, The, George A. Martinez Jan 1997

Res Judicata Effect Of Bankruptcy Court Judgments: The Procedural And Constitutional Concerns, The, George A. Martinez

Missouri Law Review

Should a bankruptcy court's judgment bar further litigation of claims arising out of the series of events at issue in the bankruptcy proceeding based on the doctrine of res judicata? Or should res judicata apply only where the subsequent action would constitute a core,' as opposed to non-core, but related proceeding? These questions raise important procedural and constitutional issues about which the courts of appeals are currently split. In 1984, Congress responded to Northern Pipeline by enacting 28 U.S.C. § 157, which authorizes bankruptcy judges to hear all core proceedings arising under the bankruptcy code. The 1984 Act provides that …


A New Approach To Transnational Insolvencies, Robert K. Rasmussen Jan 1997

A New Approach To Transnational Insolvencies, Robert K. Rasmussen

Michigan Journal of International Law

Part I of this article sets forth the general problems associated with transnational bankruptcies. Part II then shows that, from an efficiency standpoint, the optimal solution would be to allow firms to select, at the time of incorporation, which set of bankruptcy rules will govern in the event of financial distress. Part III examines the transnational bankruptcy problem under the assumption that each nation will continue to dictate the content of its bankruptcy laws. The accepted wisdom is that under this assumption, the best solution to transnational insolvencies is for all countries to adopt a rule whereby the home jurisdiction …


Repose Or Not? Informal Objections To Claims Of Exemptions After Taylor V. Freeland, Kenneth Decourcy Ferguson Jan 1997

Repose Or Not? Informal Objections To Claims Of Exemptions After Taylor V. Freeland, Kenneth Decourcy Ferguson

Oklahoma Law Review

No abstract provided.