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Articles 1 - 2 of 2
Full-Text Articles in Law
Cybergenics Ii: Precedent And Policy Vs. Plain Meaning, Nancy A. Haller
Cybergenics Ii: Precedent And Policy Vs. Plain Meaning, Nancy A. Haller
Maine Law Review
On September 20, 2002, the U.S. Court of Appeals for the Third Circuit issued a panel opinion concluding that a court may not authorize a creditors' committee to commence an avoidance action in the trustee's name, on behalf of a bankruptcy estate. The decision shocked the bankruptcy bar and raised such a stir that many commentators raised it to the status of one of the “top cases of the year.” Furthermore, within two months, the Second Circuit came down with a squarely contrary decision, reaffirming the validity of the practice within the Second Circuit and failing to even acknowledge recent …
The Bankruptcy Of Refusing To Hire Persons Who Have Filed Bankruptcy, Terrence Cain
The Bankruptcy Of Refusing To Hire Persons Who Have Filed Bankruptcy, Terrence Cain
Faculty Scholarship
In 1978, Congress made it illegal for government employers to deny employment to, terminate the employment of, or discriminate with respect to employment against a person who has filed bankruptcy. In 1984, Congress extended this prohibition to private employers by making it illegal for such employers to terminate the employment of, or discriminate with respect to employment against a person who has filed bankruptcy. Under the law as it currently exists, private employers can refuse to hire a person who has filed bankruptcy solely because that person has filed for bankruptcy. Meanwhile, employers have substantially increased their use of credit …