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Articles 1 - 15 of 15

Full-Text Articles in Law

The Disparate Treatment Of Student And Family Farmer Debtors: Suggestions For Statutory Reform Of Bankruptcy Policy, Nancy H. Kratzke, Thomas O. Depperschmidt Nov 1995

The Disparate Treatment Of Student And Family Farmer Debtors: Suggestions For Statutory Reform Of Bankruptcy Policy, Nancy H. Kratzke, Thomas O. Depperschmidt

Northern Illinois University Law Review

The resolution of bankruptcy litigation involving individuals under the governmental student loan programs and family farmers under Chapter 12 of the Bankruptcy Code provides an intriguing insight into congressional policy. That divergence is especially prominent in the treatment of "disposable income" under these two statutory provisions. When deciding issues relating to whether income should go to unsecured creditors or be used to offset future farming costs, courts tend to interpret the Code in favor of debtors; conversely, the Code creates, and courts perpetuate through their rulings, a clear presumption against discharging student loan obligations. The debtor will prevail only if …


Bankruptcy Redistributive Policies And The Limits Of The Judicial Process, Christopher W. Frost Nov 1995

Bankruptcy Redistributive Policies And The Limits Of The Judicial Process, Christopher W. Frost

Law Faculty Scholarly Articles

Business failure negatively affects a broad range of interests, yet the bankruptcy process directly protects only a small segment of interest-holders: the creditors. Some commentators argue for expansion of that protection to encompass redistributive norms and provide for the interests of non-investors in the failed business. The Bankruptcy Reform Act of 1994’s establishment of a national commission to study the bankruptcy process and its broader policy implications brings with it the opportunity to consider that redistributive argument and perhaps change the process to include the interests of non-investors under the reorganization umbrella. This Article responds to those who would have …


Globalism, Parochialism And Procedure: A Critical Assessment Of Local Rulemaking In Bankruptcy Court, Mary J.N. Wiggins Jul 1995

Globalism, Parochialism And Procedure: A Critical Assessment Of Local Rulemaking In Bankruptcy Court, Mary J.N. Wiggins

South Carolina Law Review

No abstract provided.


Rents In Bankruptcy, David G. Carlson Jul 1995

Rents In Bankruptcy, David G. Carlson

South Carolina Law Review

No abstract provided.


Bankruptcy And Insolvency In Australia, W.M.C. Gummow Jul 1995

Bankruptcy And Insolvency In Australia, W.M.C. Gummow

South Carolina Law Review

No abstract provided.


Fresh Start, False Start, Or Head Start?, Douglass Boshkoff Apr 1995

Fresh Start, False Start, Or Head Start?, Douglass Boshkoff

Indiana Law Journal

No abstract provided.


Environmental Claims In Bankruptcy: It's A Question Of Priorities, Deborah E. Parker Feb 1995

Environmental Claims In Bankruptcy: It's A Question Of Priorities, Deborah E. Parker

San Diego Law Review

This Comment evaluates the proper treatment of environmental claims in bankruptcy. It analyzes criteria that courts have established for characterizing environmental claims and for determining their priority in bankruptcy. It examines the relationships between the trustee's abandonment power, the priority of environmental claims, and the determination of when a claim arises. The author suggests criteria for characterizing environmental claims and for determining their priority in bankruptcy, thus resolving conflicting case law and resulting in a uniform and consistent application of the Bankruptcy Code, environmental law, and Supreme Court precedent.


The Denial Of Future Tort Claims In In Re Piper Aircraft: Will The Court's Quick-Fix Solution Keep The Debtor Flying High Or Bring It Crashing Down?, Michelle M. Harner Jan 1995

The Denial Of Future Tort Claims In In Re Piper Aircraft: Will The Court's Quick-Fix Solution Keep The Debtor Flying High Or Bring It Crashing Down?, Michelle M. Harner

Faculty Scholarship

No abstract provided.


Harvey's Silence (Symposium: Letters To The Commission), James J. White Jan 1995

Harvey's Silence (Symposium: Letters To The Commission), James J. White

Articles

Harvey Miller has a reputation as a leading bankruptcy lawyer, and he deserves it. As his criticism shows, he understands why and how the Code changed the Act in 1978 and how the drafters of Chapter 11 erred. Better than all but a handful of other lawyers, Harvey Miller knows how to manipulate Chapter 11 to serve his clients' interests. He understands both the legal and practical intricacies of Chapter 11. Were I the CEO of a large and troubled company, I would hire Harvey Miller and gladly pay him twice what most other bankruptcy lawyers would charge. In short, …


New Capital For Bankruptcy Reorganizations: It's The Amount That Counts,, Charles Adams Jan 1995

New Capital For Bankruptcy Reorganizations: It's The Amount That Counts,, Charles Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Bankruptcy In Russia: The Evolution Of A Comprehensive Russian Bankruptcy Code, Paul Williams, Paul Wade Jan 1995

Bankruptcy In Russia: The Evolution Of A Comprehensive Russian Bankruptcy Code, Paul Williams, Paul Wade

Articles in Law Reviews & Other Academic Journals

This article traces the development of the current bankruptcy code, with it origins in the early economic laws of perestroika; explains key provisions of the current law; and comments on the prospects for its effective implementation. The intent of this article is to provide a balanced understanding of the Russian bankruptcy code useful both to the study of the emergence of a market-based economy in Russia and as a bankruptcy primer for individuals or corporations conducting business in Russia.


Brief Incursion Into Bankruptcy And The Enforcement Of Creditor's Rights In Brazil, Antonio Mendes Jan 1995

Brief Incursion Into Bankruptcy And The Enforcement Of Creditor's Rights In Brazil, Antonio Mendes

Northwestern Journal of International Law & Business

This article is an overview of bankruptcy law and concerns in Brazil, as well as a exploration of what rights creditors have in bankruptcy.


Kentucky Employees' Wage Liens: A Sneak Attack On Creditors, But Beware Of The Bankruptcy Trustee, Richard H. Nowka, Jeff S. Taylor Jan 1995

Kentucky Employees' Wage Liens: A Sneak Attack On Creditors, But Beware Of The Bankruptcy Trustee, Richard H. Nowka, Jeff S. Taylor

Kentucky Law Journal

No abstract provided.


The Virtual Clerk's Office: A Proposed Model Judgement Lien Act For The Computer Age, Charles Shafer Jan 1995

The Virtual Clerk's Office: A Proposed Model Judgement Lien Act For The Computer Age, Charles Shafer

All Faculty Scholarship

This article addresses one aspect of the law regarding the satisfaction of judgments: when a creditor is determined to have a lien on property of the debtor. The unnecessary cumbersomeness of the present system, which limits the ability of creditors to promptly obtain a legally cognizable interest in specific property, hampers creditors in preventing the debtor's use, sale, or hypothecation of property that could be used to satisfy their debts. This is particularly true of intangible property and property where federal law or the law of sister states controls transfers. Not only do judgment creditors face the risk that the …


Cases And Materials On Bankruptcy, Margaret Howard, Peter Alces Dec 1994

Cases And Materials On Bankruptcy, Margaret Howard, Peter Alces

Margaret Howard

No abstract provided.