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Full-Text Articles in Law
The Bankruptcy Clause And The Eleventh Amendment: An Uncertain Boundary Between Federalism And State Sovereignty, Daniel Austin
The Bankruptcy Clause And The Eleventh Amendment: An Uncertain Boundary Between Federalism And State Sovereignty, Daniel Austin
Daniel A. Austin
This Article will examine the conflict between the Bankruptcy Code and state sovereignty. The Article shows that while state substantive law is extensively incorporated into federal bankruptcy law, the Bankruptcy Code prevails over state sovereign immunity when applying bankruptcy law. In other words, under the present judicial regime, the Bankruptcy Code presents a glaring exception to the otherwise firm rule of state sovereignty.
Part I examines the Bankruptcy Clause and several national bankruptcy statutes, including the current Bankruptcy Code. This discussion includes an explanation of how the Bankruptcy Clause sits within the framework of the Supremacy Clause. Part II discusses …
Bankruptcy Reform And Homeownership Risk, Melissa Jacoby
Bankruptcy Reform And Homeownership Risk, Melissa Jacoby
Melissa B. Jacoby
No abstract provided.
The Impact Of The Enterprise Act 2002 On Realisations And Costs, Adrian Walters, J. Armour, A. Hsu
The Impact Of The Enterprise Act 2002 On Realisations And Costs, Adrian Walters, J. Armour, A. Hsu
Adrian J Walters
No abstract provided.
Judicial Assistance In Cross-Border Insolvency At Common Law, Adrian Walters
Judicial Assistance In Cross-Border Insolvency At Common Law, Adrian Walters
Adrian J Walters
No abstract provided.
Timely Filing In Chapter 13 Bankruptcy Cases: Does Rule 3002(C)'S Deadline Apply To Secured Creditors?, Mark Glover
Timely Filing In Chapter 13 Bankruptcy Cases: Does Rule 3002(C)'S Deadline Apply To Secured Creditors?, Mark Glover
Mark Glover
Federal Rule of Bankruptcy Procedure 3002 provides the guidelines that creditors must follow to file a proof of claim and participate in the debtor's repayment plan. Subsection (c) of the rule establishes a timeliness requirement, which states “a proof of claim is timely filed if it is filed not later than 90 days after the first date set for the meeting of creditors called under § 341(a) of the Code.” While courts universally agree that Rule 3002(c)’s deadline applies to unsecured creditors, much uncertainty has arisen as to whether the rule applies to secured creditors. Some courts interpret the rule …
The New Chinese Bankruptcy Law: Text And Limited Comparative Analysis, Samuel L. Bufford
The New Chinese Bankruptcy Law: Text And Limited Comparative Analysis, Samuel L. Bufford
Hon. Samuel L. Bufford
No abstract provided.