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Full-Text Articles in Law

The Wisconsin Exemption Clause Debate Of 1846: An Historical Perspective On The Regulation Of Debt, Bernard R. Trujillo Jan 1998

The Wisconsin Exemption Clause Debate Of 1846: An Historical Perspective On The Regulation Of Debt, Bernard R. Trujillo

Law Faculty Publications

No abstract provided.


How Fresh A Start?: What Are "Household Goods" For Purposes Of Section 522 (F)(1)(B)(I) Lien Avoidance?, Michael G. Hillinger Jan 1998

How Fresh A Start?: What Are "Household Goods" For Purposes Of Section 522 (F)(1)(B)(I) Lien Avoidance?, Michael G. Hillinger

Faculty Publications

What do camcorders, walkman players, personal computers, stereo components, firearms, chain saws, lawn and garden tools, bicycles, and video game machines have in common?

Well, they are all the things one might find in the typical American home. Although not necessarily cheap to buy new, such items generally do not retain value over time. They frequently serve as collateral for nonpurchase money loans. In a bankruptcy context, they share another characteristic; courts have had to decide if they are household goods such that a debtor is able to avoid a nonpossessory, nonpurchase money security interest in them. Indeed, over 270 …


The Wisconsin Exemption Clause Debate Of 1846: An Historical Perspective On The Regulation Of Debt, Bernard Trujillo Jan 1998

The Wisconsin Exemption Clause Debate Of 1846: An Historical Perspective On The Regulation Of Debt, Bernard Trujillo

Bernard Trujillo

No abstract provided.


The Off-Reservation Garnishment Of An On-Reservation Debt And Related Issues In The Cross-Boundary Enforcement Of Money Judgements, Robert Laurence Jan 1998

The Off-Reservation Garnishment Of An On-Reservation Debt And Related Issues In The Cross-Boundary Enforcement Of Money Judgements, Robert Laurence

American Indian Law Review

No abstract provided.


The Past And Future Of Kentucky's Fraudulent Transfer And Preference Laws, Douglas C. Michael Jan 1998

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 …


To Love, Honor, And (Oh) Pay: Should Spouses Be Forced To Pay Each Other's Debts?, A. Mechele Dickerson Jan 1998

To Love, Honor, And (Oh) Pay: Should Spouses Be Forced To Pay Each Other's Debts?, A. Mechele Dickerson

Faculty Publications

No abstract provided.


Corporate Judgement Proofing: A Response To Lynn Lopucki's 'The Death Of Liability', James J. White Jan 1998

Corporate Judgement Proofing: A Response To Lynn Lopucki's 'The Death Of Liability', James J. White

Articles

In "The Death of Liability" Professor Lynn M. LoPucki argues that American businesses are rendering themselves judgment proof.- Using the metaphor of a poker game, Professor LoPucki claims American businesses are increasingly able to participate in the poker game without putting "chips in the pot." He argues that it has become easier for American companies to play the game without having chips in the pot because of the ease with which a modern debtor can grant secured credit, because of the growth of the peculiar form of sale known as asset securitization, because foreign havens for secreting assets are now …