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Articles 1 - 6 of 6

Full-Text Articles in Law

The Gederal Tax Consequences Of Individual Chapter 11 Cases, Jack F. Williams Jul 1995

The Gederal Tax Consequences Of Individual Chapter 11 Cases, Jack F. Williams

South Carolina Law Review

No abstract provided.


Resolving Still Unresolved Issues Of Bankruptcy Law: A Fence Or An Ambulance, David G. Epstein Jan 1995

Resolving Still Unresolved Issues Of Bankruptcy Law: A Fence Or An Ambulance, David G. Epstein

Law Faculty Publications

Congress established a Bankruptcy Review Commission ("'Commission") when it enacted the Bankruptcy Reform Act of 1994. Although the Commission is empowered to review the Bankruptcy Code and make recommendations based upon its findings and conclusions, its focus is directed toward making suggestions that do not disturb the fundamental principles and balance of current law. Instead, the stated purposes of the Commission are: ( 1) to investigate and study issues and problems relating to title 11, United States Code (commonly known as the "'Bankruptcy Code"); (2) to evaluate the advisability of proposals and current arrangements with respect to such issues and …


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.


Clueless On Classification: Toward Removing Artificial Limits On Chapter 11 Claim Classification, Bruce A. Markell Jan 1995

Clueless On Classification: Toward Removing Artificial Limits On Chapter 11 Claim Classification, Bruce A. Markell

Articles by Maurer Faculty

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, …


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 …