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Articles 1 - 14 of 14
Full-Text Articles in Law
Erisa Retirement Plans In Individual Bankruptcy, John Minton Newell
Erisa Retirement Plans In Individual Bankruptcy, John Minton Newell
University of Michigan Journal of Law Reform
When an employee covered by an ERISA retirement plan files a petition in bankruptcy, the court is presented with a number of complex issues regarding the relationship among ERISA, the Bankruptcy Code (Code), and the state law of creditors' rights. Three issues have emerged in these cases, and the courts have divided on the proper resolution of each of these issues. First, is the debtor's interest in an ERISA retirement plan "property of the estate," and thus available for distribution to creditors? Second, if the debtor's interest is property of the estate, and the debtor uses the state exemption scheme, …
Toxic Torts And Chapter 11 Reorganization:The Problem Of Future Claims, Anne Hardiman
Toxic Torts And Chapter 11 Reorganization:The Problem Of Future Claims, Anne Hardiman
Vanderbilt Law Review
Recently, the toxic tort phenomenon has emerged as a vital concern to manufacturers, employers, and consumers as Agent Orange,' DES, Dalkon Shield, and asbestos victims have litigated toxic tort claims. Toxic torts are unique because any number of victims may be exposed to a toxic substance from which they may contract a disease as far as twenty years in the future. Toxic tort claims typically involve large sums of money and an inestimable number of plaintiffs. The potential for tremendous, financially crippling, liability for these injuries has prompted some asbestos companies to file for reorganization under Chapter 11 of the …
Belly Up Down In The Dumps: Bankruptcy And Hazardous Waste Cleanup, Katherine S. Allen
Belly Up Down In The Dumps: Bankruptcy And Hazardous Waste Cleanup, Katherine S. Allen
Vanderbilt Law Review
In recent years, the critical risks of improper storage and disposal of hazardous and toxic substances have become frighteningly apparent,' and the regulation of hazardous waste disposal has become increasingly comprehensive and complex, on both the federal and state level. On the federal level, the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or the Super fund Act) together provide a comprehensive statutory and regulatory scheme designed to cleanup existing hazardous waste disposal sites and to prevent the growth of future dangerous sites. Other federal statutes address in a more general way …
The Concept Of A Voidable Preference In Bankruptcy, Vern Countryman
The Concept Of A Voidable Preference In Bankruptcy, Vern Countryman
Vanderbilt Law Review
A bankruptcy trustee is armed by statute with a number of powers to avoid prebankruptcy transfers made by the now bankrupt debtor. Probably none of these powers is of more concern to prebankruptcy transferees than the trustee's power to avoid preferential transfers. This Article examines the content of and the reasons for the concept of a preferential transfer as it has evolved over the centuries.We inherited the notion of the preferential transfer from Eng-land; but, as elsewhere, we frequently have concluded that we could improve on the English model. Substantial differences exist,therefore, between the English law of voidable preferences and …
Chapters 11 And 13 Of The Bankruptcy Code--Observations On Using Case Authority From One Of The Chapters In Proceedings Under The Other, David G. Epstein
Chapters 11 And 13 Of The Bankruptcy Code--Observations On Using Case Authority From One Of The Chapters In Proceedings Under The Other, David G. Epstein
Law Faculty Publications
This Article will focus on the relationship between Chapter 11 and Chapter 13 of the Bankruptcy Code. A number of issues are similar or identical in Chapter 11 and Chapter 13. Furthermore, much of the language of Chapter 13 mirrors that of Chapter 11. This Article explores whether courts should apply case law and concepts of one chapter when similar issues arise in proceedings under the other chapter. Parts II and III of this Article address basic similarities and differences between Chapters 11 and 13. Parts IV, V, and VI examine three issues governed by statutory language common to both …
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
Duress is Available Defense in Mitigation of Charges of Illegally Transporting Aliens into the United States--Pollgreen v. Morris slip op. No. 84-5217 (11th Cir. Sept. 17, 1985).
Foreign Debtor not Compelled to File for Ancillary Proceeding under Bankruptcy Code; Court may grant Comity to Pending Foreign Bankruptcy Proceeding--Cunard SteamshipCo. Ltd. v. Salen Reefer Services A.B., 773 F.2d 452 (2d Cir.1985).
Forum Selection Clause in Contract between Two Sovereigns is not Waiver of Right to Remove--Proyecfin de Venezuela v. Banco Industrial de Venezuela, 760 F.2d 390 (2d Cir.1985).
Fifth Circuit Overrides Admiralty Rule and Invokes Provisions of Arbitration Treaty--Sedco, Inc. v. …
Who Controls The Attorney-Client Privilege In Bankruptcy?, Neil E. Herman
Who Controls The Attorney-Client Privilege In Bankruptcy?, Neil E. Herman
Hofstra Law Review
No abstract provided.
The Big Chill: Applicability Of Section 548(A)(2) Of The Bankruptcy Code To Noncollusive Foreclosure Sales, Darcy Lopez
The Big Chill: Applicability Of Section 548(A)(2) Of The Bankruptcy Code To Noncollusive Foreclosure Sales, Darcy Lopez
Fordham Law Review
No abstract provided.
Collective Bargaining In Chapter 11 And Beyond, B. Glenn George
Collective Bargaining In Chapter 11 And Beyond, B. Glenn George
Faculty Publications
No abstract provided.
Privileged Communications: Waiver Of A Corporate Debtor's Attorney-Client Privilege By The Trustee In Bankruptcy, James A. Moomaw
Privileged Communications: Waiver Of A Corporate Debtor's Attorney-Client Privilege By The Trustee In Bankruptcy, James A. Moomaw
Oklahoma Law Review
No abstract provided.
Privileged Communications: Waiver Of A Corporate Debtor's Attorney-Client Privilege By The Trustee In Bankruptcy, James A. Moomaw
Privileged Communications: Waiver Of A Corporate Debtor's Attorney-Client Privilege By The Trustee In Bankruptcy, James A. Moomaw
Oklahoma Law Review
No abstract provided.
Insolvencies In Farming And Agribusinesses, Stewart E. Bland
Insolvencies In Farming And Agribusinesses, Stewart E. Bland
Kentucky Law Journal
No abstract provided.
Is An Ira Exempt Property Under The Kentucky Exemption Statute Krs Section 427.150(1)(B)?, Kevin Charles Dicken
Is An Ira Exempt Property Under The Kentucky Exemption Statute Krs Section 427.150(1)(B)?, Kevin Charles Dicken
Kentucky Law Journal
No abstract provided.