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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
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
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
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
Bankruptcy And Insolvency In Australia, W.M.C. Gummow
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
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
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
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
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
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
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
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
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
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
Cases And Materials On Bankruptcy, Margaret Howard, Peter Alces
Margaret Howard
No abstract provided.