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Articles 1 - 14 of 14
Full-Text Articles in Law
Bankruptcy Federalism: A Doctrine Askew , Margaret Howard
Bankruptcy Federalism: A Doctrine Askew , Margaret Howard
Margaret Howard
No abstract provided.
Continuing The Litigation Of Collateral Valuation In Bankruptcy: Associates Commercial Corp. V. Rash, Kenneth L. Reich
Continuing The Litigation Of Collateral Valuation In Bankruptcy: Associates Commercial Corp. V. Rash, Kenneth L. Reich
Pepperdine Law Review
No abstract provided.
Bankruptcy Federalism: A Doctrine Askew , Margaret Howard
Bankruptcy Federalism: A Doctrine Askew , Margaret Howard
Pepperdine Law Review
No abstract provided.
Judicial Discretion And The Bankruptcy Abuse Prevention Act, Lauren E. Tribble
Judicial Discretion And The Bankruptcy Abuse Prevention Act, Lauren E. Tribble
Duke Law Journal
Generally, Chapter 7 bankruptcy is available to only the most desperate individual debtors who do not have the means to pay their creditors back over time. Before 2005, the Bankruptcy Code gave judges discretion to decide which debtors were eligible for Chapter 7. The Bankruptcy Abuse Prevention Act, however, curtails this discretion, mandating that judges use a rigid means test to determine when a debtor is allowed to file. This Note argues that it was a poor decision to foreclose judicial discretion with the means test. It then proposes a compromise between the means test approach and the old standard.
Equitable Subordination, Fraudulent Transfer, And Sovereign Debt, Adam Feibelman
Equitable Subordination, Fraudulent Transfer, And Sovereign Debt, Adam Feibelman
Law and Contemporary Problems
Feibelman focuses on two particular doctrines of lender liability-equitable subordination and fraudulent transfer, expanding upon proposals to employ private domestic law as a strategy for addressing the problem of odious debt. Although doctrines of equitable subordination and fraudulent transfer do not appear to have been applied to sovereign debt by US courts in the past, both should be available to sovereigns' creditors in most if not all US jurisdictions. In addition, he also addresses practical, doctrinal concerns as well as normative implications of employing theories such as equitable subordination and fraudulent transfer to respond to the problem of odious debt. …
Archer V. Warner: Circuit Split Resolution Or Contractual Quagmire?, Jennifer R. Belcher
Archer V. Warner: Circuit Split Resolution Or Contractual Quagmire?, Jennifer R. Belcher
Washington and Lee Law Review
No abstract provided.
Contractual Bankruptcy Waivers: Reconciling Theory Practice And Law , Marshall E. Tracht
Contractual Bankruptcy Waivers: Reconciling Theory Practice And Law , Marshall E. Tracht
Cornell Law Review
No abstract provided.
Bankruptcy Policy: Toward A Moral Justification For Financial Rehabilitation Of The Consumer Debtor, Richard E. Flint
Bankruptcy Policy: Toward A Moral Justification For Financial Rehabilitation Of The Consumer Debtor, Richard E. Flint
Washington and Lee Law Review
No abstract provided.
Contract Excuse And Bankruptcy Discharge, Robert A. Hillman
Contract Excuse And Bankruptcy Discharge, Robert A. Hillman
Cornell Law Faculty Publications
No abstract provided.
Limited, Conditional, And Suspended Discharges In Anglo-American Bankruptcy Proceedings, Douglass Boshkoff
Limited, Conditional, And Suspended Discharges In Anglo-American Bankruptcy Proceedings, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.
Res Judicata And Collateral Estoppel In Bankruptcy Discharge Proceedings
Res Judicata And Collateral Estoppel In Bankruptcy Discharge Proceedings
Washington and Lee Law Review
No abstract provided.
Dissolution Of Marriage And The Bankruptcy Act Of 1973: "Fresh Start" Forgotten, Carl D. Young
Dissolution Of Marriage And The Bankruptcy Act Of 1973: "Fresh Start" Forgotten, Carl D. Young
Indiana Law Journal
No abstract provided.
The Bankrupt's' Moral Obligation To Pay His Discharged Debts: A Conflict Between Contract Theory And Bankruptcy Policy, Douglass Boshkoff
The Bankrupt's' Moral Obligation To Pay His Discharged Debts: A Conflict Between Contract Theory And Bankruptcy Policy, Douglass Boshkoff
Indiana Law Journal
No abstract provided.
Effect Of False Financial Statements On Debts Discharged In Bankruptcy -- Section 17a(2) Of The Bankruptcy Act, Ben R. Miller
Effect Of False Financial Statements On Debts Discharged In Bankruptcy -- Section 17a(2) Of The Bankruptcy Act, Ben R. Miller
Louisiana Law Review
No abstract provided.