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Bankruptcy

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Articles 1501 - 1530 of 1846

Full-Text Articles in Law

Creditors' Committees Under Chapter 11 Of The Bankruptcy Code, Kenneth N. Klee, K. J. Shaffer Jul 1993

Creditors' Committees Under Chapter 11 Of The Bankruptcy Code, Kenneth N. Klee, K. J. Shaffer

South Carolina Law Review

No abstract provided.


Constitutional Limitations On The Discharge Of Future Claims In Bankruptcy, Ralph R. Mabey, Jamie A. Gavrin Jul 1993

Constitutional Limitations On The Discharge Of Future Claims In Bankruptcy, Ralph R. Mabey, Jamie A. Gavrin

South Carolina Law Review

No abstract provided.


The Abc's Of Liga, Carey J. Guglielmo, Daniel J. Balhoff Jul 1993

The Abc's Of Liga, Carey J. Guglielmo, Daniel J. Balhoff

Louisiana Law Review

No abstract provided.


Chapter 11 For Individual Consumer Debtors: Fresh Start Or False Start?, Cheri L. Cohen May 1993

Chapter 11 For Individual Consumer Debtors: Fresh Start Or False Start?, Cheri L. Cohen

Northern Illinois University Law Review

This commentary examines the implications for consumer debtors filing for bankruptcy relief under chapter 11. This option was made available to all consumer debtors in the Supreme Court decision of Toibb v. Radloff. The author contends that the consumer debtor will only obtain a false start, instead of a fresh start, by turning to chapter 11 for the sought-after relief.


Organizational Form, Misappropriation Risk, And The Substantive Consolidation Of Corporate Groups, Christopher W. Frost Mar 1993

Organizational Form, Misappropriation Risk, And The Substantive Consolidation Of Corporate Groups, Christopher W. Frost

Law Faculty Scholarly Articles

The financial collapse of a corporation raises significant questions regarding its shareholders and creditors' ex ante allocation of the risk that such a collapse might occur. In bankruptcy, most of these risk allocation issues relate to the priority of particular creditors' claims against the assets of the failed business. But determining priority first requires some reasoned means of identifying the assets against which creditors may assert their claims. In many cases, this question is simply one of locating and distributing assets. However, when bankrupt firms have conducted their operations through a complex web of subsidiary corporations, each holding distinct assets …


In Re Grabill Corporation: Another No For Jury Trials In The Bankruptcy Courts, William J. Delany Jan 1993

In Re Grabill Corporation: Another No For Jury Trials In The Bankruptcy Courts, William J. Delany

Villanova Law Review

No abstract provided.


Bankruptcy Officials Vs. The Internal Revenue Service: The Beat Goes On, Craig J. Langstraat, K. Dianne Jackson Jan 1993

Bankruptcy Officials Vs. The Internal Revenue Service: The Beat Goes On, Craig J. Langstraat, K. Dianne Jackson

Akron Tax Journal

This author has previously addressed several areas of conflict between bankruptcy officials; i.e., trustees and judges, and the Internal Revenue Service ("IRS"). Due to continued litigation, both in the U.S. Supreme Court and in certain federal courts of appeal, some of these areas will be reevaluated in this article. In addition, new areas of conflict resulting in litigation in various levels of the federal court system will be discussed. Policy and statutory modifications will be suggested to alleviate the growing costly burden of litigation.


Limitations On Use Of The California Homestead Exemption In Bankruptcy Cases: The Case For Following In Re Pladson, Leslie Burton, Jeffrey C. Wurms Jan 1993

Limitations On Use Of The California Homestead Exemption In Bankruptcy Cases: The Case For Following In Re Pladson, Leslie Burton, Jeffrey C. Wurms

Publications

Two decisions, a 1991 California Court of Appeal decision, Spencer v. Lowery, and a 1993 United States District Court for the Northern District of California decision, In re Pladson, severely restricted the homestead exemption available in bankruptcy cases filed in California. Some bankruptcy courts have refused to follow the Spencer and Pladson cases and the California Legislature has passed new legislation on the use of the homestead exemption in bankruptcy. This article will explore the background and rationale of the decisions and the legislative scheme, and offer support for limiting the Homestead exemption in bankruptcy cases.


Divorce Obligations And Bankruptcy Discharge: Rethinking The Support/Property Distinction, Jana B. Singer Jan 1993

Divorce Obligations And Bankruptcy Discharge: Rethinking The Support/Property Distinction, Jana B. Singer

Faculty Scholarship

The Bankruptcy Code currently divides divorce-related obligations into two categories: awards or agreements in the nature of support are non-dischargeable; obligations arising from property divisions can be discharged in the same manner as ordinary commercial debts. Because recent developments in family law have undermined the support/property distinction and because privately negotiated divorce agreements often fail to distinguish between payments intended to serve as support and those intended to distribute property, the Code's reliance on this classification often leads to confusion and hardship for divorce obligees. In addition, because of the rise of equitable distribution as the dominant method of allocating …


Shareholder Control Rights In Bankruptcy: Disassembling The Withering Mirage Of Corporate Democracy, Thomas G. Kelch Jan 1993

Shareholder Control Rights In Bankruptcy: Disassembling The Withering Mirage Of Corporate Democracy, Thomas G. Kelch

Maryland Law Review

No abstract provided.


Section 365 Versus 362: Applying The Automatic Stay To Prevent Unilateral Termination In A Bankruptcy Setting, Robert J. Verga Jan 1993

Section 365 Versus 362: Applying The Automatic Stay To Prevent Unilateral Termination In A Bankruptcy Setting, Robert J. Verga

Fordham Law Review

No abstract provided.


Wysko Investment Company V. Great American Bank: A New Attack On The Usefulness Of Letters Of Credit, Robert Jay Gavigan Jan 1993

Wysko Investment Company V. Great American Bank: A New Attack On The Usefulness Of Letters Of Credit, Robert Jay Gavigan

Northwestern Journal of International Law & Business

The letter of credit has long been accepted as a valuable instrument of assured payment in international business. In Wysko Investment v. Great American Bank, however, an Arizona district court jeopardized the usefulness of the letter of credit transaction by enjoining payment to the beneficiary after the issuing party became insolvent.' This note addresses the issue of whether a bankruptcy court has the power to enjoin payment of a letter of credit issued by the debtor's principal, pursuant to 11 U.S.C. § 105(a), when the court finds the injunction necessary for the debtor's reorganization. Further, this note examines whether such …


Revising Article 9 To Reduce Wasteful Litigation, James J. White Jan 1993

Revising Article 9 To Reduce Wasteful Litigation, James J. White

Articles

For reasons that are unclear to me, the committees reviewing the articles of the Uniform Commercial Code and drafting revisions are congenitally conservative. Perhaps these committees take their charge too seriously, namely, to revise, not to revolutionize. Perhaps their intimate knowledge of the subject matter exaggerates the importance of each section and consequently magnifies the apparent size of every change. In any case, my own experience with two such committees tells me that the members quickly become focused on revisions and amendments that any outsider would describe as modest. To the extent that the revision of any of the articles …


Setoff And Bankruptcy, Lawrence Kalevitch Jan 1993

Setoff And Bankruptcy, Lawrence Kalevitch

Cleveland State Law Review

The code treats liens and setoffs as secured claims. A lienor under §506 receives a secured claim in the face amount of the debt secured only if the collateral has at least that value. Section 506(a) requires collateral valuation to determine the amount of the secured claim. Setoff in the face amount of a creditor's claim likewise requires valuation. Part II discusses §506(a) and §553 and how they may limit, in appropriate cases, the setoff right to less than the face amount of a creditor's claim. Part II shows that this reading of the Bankruptcy Code is not only consistent …


The Attack On Chapter 11, Douglass G. Boshkoff Jan 1993

The Attack On Chapter 11, Douglass G. Boshkoff

Articles by Maurer Faculty

No abstract provided.


Chapter 12 In The Courts, Jonathan Van Patten Dec 1992

Chapter 12 In The Courts, Jonathan Van Patten

Jonathan Van Patten

No abstract provided.


Barnhill V. Johnson And Payment By Check On The Eve Of Bankruptcy: Implications For The Real Estate Attorney, Lynda L. Butler Nov 1992

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 Nov 1992

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 Nov 1992

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 Oct 1992

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 Oct 1992

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 Mar 1992

Bankruptcy And Risk Allocation , Barry E. Adler

Cornell Law Review

No abstract provided.


Running The Asylum: Governance Problems In Bankruptcy Reorganizations, Christopher W. Frost Jan 1992

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 …


"Reasonable Expectations" Define Board Power To Liquidate A Solvent Close Corporation In Bankruptcy, Shelby D. Green Jan 1992

"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 …


Offensive Uses Of The Bankruptcy Stay, Daniel Keating Jan 1992

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 …


The Status Of Erisa Plan Benefits In Bankruptcy After Patterson V. Shumate, Honorable Sidney M. Weaver, Robin J. Baikovitz Jan 1992

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 Jan 1992

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 Jan 1992

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.


Non-Debtor Liability In Chapter 11: Validity Of Third-Party Discharge In Bankruptcy, Peter M. Boyle Jan 1992

Non-Debtor Liability In Chapter 11: Validity Of Third-Party Discharge In Bankruptcy, Peter M. Boyle

Fordham Law Review

No abstract provided.


Claims & Opinions An Exchange Of Views: Game Theory And Bankruptcy Reorganizations, David G. Carlson Jan 1992

Claims & Opinions An Exchange Of Views: Game Theory And Bankruptcy Reorganizations, David G. Carlson

Articles

No abstract provided.