Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
-
- Fordham Law School (2)
- Maurer School of Law: Indiana University (2)
- William & Mary Law School (2)
- Cornell University Law School (1)
- Georgia State University College of Law (1)
-
- Louisiana State University Law Center (1)
- Northern Illinois University (1)
- Nova Southeastern University (1)
- Pace University (1)
- Santa Clara Law (1)
- Selected Works (1)
- St. Mary's University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Kentucky (1)
- University of Missouri School of Law (1)
- Vanderbilt University Law School (1)
- Yeshiva University, Cardozo School of Law (1)
- Publication
-
- Articles (1)
- Articles by Maurer Faculty (1)
- Bruce Grohsgal (1)
- Cornell Law Review (1)
- Elisabeth Haub School of Law Faculty Publications (1)
-
- Faculty Articles (1)
- Faculty Publications (1)
- Fordham Law Review (1)
- Fordham Urban Law Journal (1)
- Georgia State University Law Review (1)
- Indiana Law Journal (1)
- Law Faculty Scholarly Articles (1)
- Louisiana Law Review (1)
- Northern Illinois University Law Review (1)
- Nova Law Review (1)
- Popular Media (1)
- Santa Clara Law Review (1)
- Touro Law Review (1)
- Vanderbilt Law Review (1)
- William & Mary Environmental Law and Policy Review (1)
- Publication Type
Articles 1 - 20 of 20
Full-Text Articles in Law
Barnhill V. Johnson And Payment By Check On The Eve Of Bankruptcy: Implications For The Real Estate Attorney, Lynda L. Butler
Barnhill V. Johnson And Payment By Check On The Eve Of Bankruptcy: Implications For The Real Estate Attorney, Lynda L. Butler
Popular Media
No abstract provided.
Less Than Perfected: Uncertainty In Illinois Judgment Lien Law, Frank Stepnowski
Less Than Perfected: Uncertainty In Illinois Judgment Lien Law, Frank Stepnowski
Northern Illinois University Law Review
Attempting to reduce the confusion surrounding Illinois judgment lien law, the author explores contradictory decisions of the past involving levy and execution, chancery's creditor's bill, and citation to discover assets. The article calls for clarification and specific reforms of Illinois's Article XII of the Code of Civil Procedure to conform judgment collection procedures with modern practice, the Bankruptcy Code, and the UCC.
Fdic Priority In Gaff: An Unwarranted Victory For The Principle Of Brotherly Shove, Keith M. Matulich
Fdic Priority In Gaff: An Unwarranted Victory For The Principle Of Brotherly Shove, Keith M. Matulich
Louisiana Law Review
No abstract provided.
Overt And Covert Bailouts: Developing A Public Bailout Policy, Cheryl D. Block
Overt And Covert Bailouts: Developing A Public Bailout Policy, Cheryl D. Block
Indiana Law Journal
No abstract provided.
A Practical Guide To Conflicts Between State Environmental Actions And Bankruptcy In The Fourth Circuit, Marc Berstein
A Practical Guide To Conflicts Between State Environmental Actions And Bankruptcy In The Fourth Circuit, Marc Berstein
William & Mary Environmental Law and Policy Review
No abstract provided.
Bankruptcy And Risk Allocation , Barry E. Adler
Bankruptcy And Risk Allocation , Barry E. Adler
Cornell Law Review
No abstract provided.
"Reasonable Expectations" Define Board Power To Liquidate A Solvent Close Corporation In Bankruptcy, Shelby D. Green
"Reasonable Expectations" Define Board Power To Liquidate A Solvent Close Corporation In Bankruptcy, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
This Article will argue that, in the absence of contrary provisions in the articles of incorporation, the power of the board of directors of a solvent close corporation to file a voluntary petition for liquidation in bankruptcy must be determined by the theory of “reasonable expectations.” This doctrine not only addresses wrongdoing by those in control, but also defines the power and rights of close corporation participants. Part II briefly considers the uses of bankruptcy in recent years and comments on the peculiar occasion of a solvent corporation deciding to liquidate in bankruptcy. Part III summarizes the facts and identifies …
The Status Of Erisa Plan Benefits In Bankruptcy After Patterson V. Shumate, Honorable Sidney M. Weaver, Robin J. Baikovitz
The Status Of Erisa Plan Benefits In Bankruptcy After Patterson V. Shumate, Honorable Sidney M. Weaver, Robin J. Baikovitz
Nova Law Review
The United States Supreme Court recently handed down a decision that puts to rest a conflict among courts around the country.
Enforcing Criminal Money Judgments In Bankruptcy: Is The Government Out Of Line?, Scott P. Hilsen
Enforcing Criminal Money Judgments In Bankruptcy: Is The Government Out Of Line?, Scott P. Hilsen
Georgia State University Law Review
No abstract provided.
Erisa And The Bankruptcy Code: Stepping Into Quicksand Or Something Else, Post Mackey, Maria A. Di Pippo, Gerald P. Wolf
Erisa And The Bankruptcy Code: Stepping Into Quicksand Or Something Else, Post Mackey, Maria A. Di Pippo, Gerald P. Wolf
Touro Law Review
No abstract provided.
Claims & Opinions An Exchange Of Views: Game Theory And Bankruptcy Reorganizations, David G. Carlson
Claims & Opinions An Exchange Of Views: Game Theory And Bankruptcy Reorganizations, David G. Carlson
Articles
No abstract provided.
Non-Debtor Liability In Chapter 11: Validity Of Third-Party Discharge In Bankruptcy, Peter M. Boyle
Non-Debtor Liability In Chapter 11: Validity Of Third-Party Discharge In Bankruptcy, Peter M. Boyle
Fordham Law Review
No abstract provided.
Erisa: Anti-Alienation Superiority In Bankruptcy, George Lee Flint Jr
Erisa: Anti-Alienation Superiority In Bankruptcy, George Lee Flint Jr
Faculty Articles
Both ERISA and the Bankruptcy Code consider the issue of debtor-participant’s interest in certain pension trusts when an action has been undertaken against the bankrupt debtor participant’s estate. Many jurisdictions have offered conflicting views on the handling of the interest. These conflicts create litigious interpretation and choice of law problems and place plan administrators at risk for breach of fiduciary duty depending on jurisdictional interpretation. Paying-out a bankruptcy trustee’s turnover demand could affect the tax qualified status of the pension plan, thereby hurting all plan participants. ERISA’s preemption provision was drafted to create uniformity among the states in interpreting employee …
Bankruptcy-Based Discrimination, Douglass G. Boshkoff
Bankruptcy-Based Discrimination, Douglass G. Boshkoff
Articles by Maurer Faculty
No abstract provided.
To Tithe Or Not To Tithe: The Constitutionality Of Tithing In A Chapter 13 Bankruptcy Budget, Carol Koenig
To Tithe Or Not To Tithe: The Constitutionality Of Tithing In A Chapter 13 Bankruptcy Budget, Carol Koenig
Santa Clara Law Review
No abstract provided.
Why Have Chapter 11 Bankruptcies Failed So Miserably? A Reappraisal Of Congressional Attempts To Protect A Corporation's Net Operating Losses After Bankruptcy, Michelle A. Cecil
Why Have Chapter 11 Bankruptcies Failed So Miserably? A Reappraisal Of Congressional Attempts To Protect A Corporation's Net Operating Losses After Bankruptcy, Michelle A. Cecil
Faculty Publications
This Article will first outline the history of judicial and statutory limitations on the free transferability of net operating losses, highlighting congressional attempts to afford more favorable treatment to troubled corporations reorganizing in Title 11 proceedings. It will then examine the operation of section 382 of the 1986 Code, again focusing on those provisions designed to assist in the successful reorganization of these corporations, and will demonstrate the wholesale inability of these provisions to preserve the net operating losses of troubled corporations. Finally, the Article will propose an amendment to section 382 that would increase the likelihood that corporations will …
What Do You Mean My Partnership Has Been Petitioned Into Bankruptcy?, Karen E. Blaney
What Do You Mean My Partnership Has Been Petitioned Into Bankruptcy?, Karen E. Blaney
Fordham Urban Law Journal
Bankruptcy law regarding partnerships differs from the law pertaining to individuals and corporations. Only a partnership can be involuntarily petitioned into bankruptcy by individuals within the organization. Involuntary petitions can be used by general partners as bargaining chips, and may encourage partners who can personally benefit from filing to do so, even if the act would be detrimental to the partnership. Under present bankruptcy law, an involuntary petition may be commenced against a partnership by fewer than all of the general partners in such partnership. In comparison to prior bankruptcy provisions governing a partner's involuntary petition against the partnership, the …
Offensive Uses Of The Bankruptcy Stay, Daniel Keating
Offensive Uses Of The Bankruptcy Stay, Daniel Keating
Vanderbilt Law Review
One of the most significant features of the 1978 Bankruptcy Reform Act was markedly broadened versions of the automatic and postdischarge stays. If bankruptcy is the refuge for the honest but unfortunate debtor,' then the stay is the specific tool that makes the refuge meaningful. Indeed, more than one court has characterized the stay as a shield that gives the corporate debtor an opportunity to reorganize and affords the individual debtor a chance for the proverbial fresh start. Even courts mindful of the debtor-protection function of the stay, however, are careful to note that the debtor should use the stay …
Running The Asylum: Governance Problems In Bankruptcy Reorganizations, Christopher W. Frost
Running The Asylum: Governance Problems In Bankruptcy Reorganizations, Christopher W. Frost
Law Faculty Scholarly Articles
Like much of life, the study of bankruptcy is the study of leverage. Chapter 11 of the United States Bankruptcy Code may be appropriately described as providing a framework within which interested parties may negotiate solutions to the problems facing a troubled company. The allocation of leverage to the negotiating parties is critical to the ultimate outcome of the process. In any negotiation setting control over the bargaining process is a key item of leverage. This Article proposes a framework for analysis and suggests solutions to the problem of control over corporations during the pendency of a Chapter 11 reorganization …
Whose Pension Is It Anyway? Erisa And The Bankruptcy Code, Bruce Grohsgal, Marvin Krasny
Whose Pension Is It Anyway? Erisa And The Bankruptcy Code, Bruce Grohsgal, Marvin Krasny
Bruce Grohsgal
No abstract provided.