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Bankruptcy

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Articles 151 - 164 of 164

Full-Text Articles in Banking and Finance Law

Debtors' Good Faith In Us Bankruptcy Proceedings, Chen Yang Jan 1997

Debtors' Good Faith In Us Bankruptcy Proceedings, Chen Yang

LLM Theses and Essays

Bankruptcy is a judicial process purporting to regulate and adjust the financial relationships between debtors and creditors which come into a deadlock. In the modern United States, bankruptcy has become a concept pervading each corner of the social and economic lives. It touches mass tort victims, large corporations, small family business, government institutions, and even normal individuals. The appearance of the modern bankruptcy law of the United States is signaled by the enactment of the Bankruptcy Reform Act in 1978 which, together with later amendments, constitute the current Bankruptcy Code of the United States; but also help them strategically restructure …

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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.

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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.

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Fdic Claims Of Priority In The Case Of The Failed Bank, Mark Jakubik Jan 1991

Fdic Claims Of Priority In The Case Of The Failed Bank, Mark Jakubik

Villanova Law Review (1956 - )

No abstract provided.

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The Collapsed Leveraged Buyout And The Trustee In Bankruptcy, James F. Queenan Jr. Oct 1989

The Collapsed Leveraged Buyout And The Trustee In Bankruptcy, James F. Queenan Jr.

Cardozo Law Review

Leveraged buyouts bring about concentration of a corporation's ownership in the hands of a few stockholders. This permits the stockholders to control the corporation with the incentive to operate it efficiently in order to realize the entire profit for themselves. Such a joinder of control and ownership, however, is produced at great cost to the corporation, which provides most of the funds used to purchase the stock from the selling shareholders. There is, therefore, the danger of prejudice to a non-stockholder constituency-the corporation's creditors, employees, customers, and the community in which it is located. It is the thesis of this …

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The Malformed Mouse Meets The Libr: Secured And Restitutionary Claims To Commingled Funds, Harold R. Weinberg Jan 1989

The Malformed Mouse Meets The Libr: Secured And Restitutionary Claims To Commingled Funds, Harold R. Weinberg

Law Faculty Scholarly Articles

The "malformed mouse" is section 9-306(4)(d) of the Uniform Commercial Code. It provides a formula that determines the extent to which an insolvent debtor's commingled bank account contains funds subject to a security interest. A special entitlement is necessary because it is impossible to physically distinguish this collateral after commingling. The label malformed mouse is appropriate if one agrees with critics who have questioned the mouse's statutory architecture and underlying rationale. The image of an elusive creature is also apt. The mouse continues to elude understanding, although it has been part of the Code for many years and the subject …

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The Inconsistent Treatment Of Secured Tax Claims In Liquidation And Reorganization Proceedings Under The Bankruptcy Code, Steven B. Levine Oct 1988

The Inconsistent Treatment Of Secured Tax Claims In Liquidation And Reorganization Proceedings Under The Bankruptcy Code, Steven B. Levine

Faculty Scholarship

There is general inconsistency and tension regarding the treatment of secured tax claims under the Bankruptcy Code. In order to resolve the ambiguity and tension in the Code, tax claims for the same periods should be treated alike regardless of whether one taxing authority has filed a notice of lien in the appropriate public records office or whether such claims are asserted in a reorganization or liquidation proceeding. Some of the rights and priorities associated with tax liens outside of bankruptcy must be limited so as not to harm 2 basic goals of the reorganization process. These are: 1. equitable …

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Durrett Data: Shucking The Husks From The Grain, Robert M. Zinman Feb 1988

Durrett Data: Shucking The Husks From The Grain, Robert M. Zinman

Cardozo Law Review

No abstract provided.

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Data On The Durrett Controversy, Philip Shuchman Dec 1987

Data On The Durrett Controversy, Philip Shuchman

Cardozo Law Review

No abstract provided.

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Involuntary Fraudulent Transfers, Frank R. Kennedy Dec 1987

Involuntary Fraudulent Transfers, Frank R. Kennedy

Cardozo Law Review

No abstract provided.

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Proceeds In Bankruptcy: United Virginia Bank V. Slab Fork Coal Company, Jeffery L. Tarkenton Apr 1987

Proceeds In Bankruptcy: United Virginia Bank V. Slab Fork Coal Company, Jeffery L. Tarkenton

West Virginia Law Review

No abstract provided.

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Seventh Annual Seminar On Legal Issues For Bank Counsel, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, M. Brooks Senn, C. Christopher Trower, William D. Roberts, Richard S. Holt, David C. Pottinger, Carl R. Page, Sherry F. Hardy, John T. Mcgarvey, William R. Mapother, Bankers Training And Consulting Company, Gregg Neal Mar 1987

Seventh Annual Seminar On Legal Issues For Bank Counsel, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, M. Brooks Senn, C. Christopher Trower, William D. Roberts, Richard S. Holt, David C. Pottinger, Carl R. Page, Sherry F. Hardy, John T. Mcgarvey, William R. Mapother, Bankers Training And Consulting Company, Gregg Neal

Continuing Legal Education Materials

Outlines of speakers' presentations from the Seventh Annual Seminar on Legal Issues for Bank Counsel held on March 13-14, 1987.

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Unexpired Leases In Bankruptcy: Rights Of The Affected Mortgagee, Peter A. Alces Oct 1983

Unexpired Leases In Bankruptcy: Rights Of The Affected Mortgagee, Peter A. Alces

Faculty Publications

No abstract provided.

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The Sale Of Collateral Security By The Pledgee Thereof After The Invention Of The Bankruptcy Of The Pledgor, Richard Robinson Mcginnis Jan 1934

The Sale Of Collateral Security By The Pledgee Thereof After The Invention Of The Bankruptcy Of The Pledgor, Richard Robinson Mcginnis

Indiana Law Journal

No abstract provided.

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