Bankruptcy Law Commons^™

Suretyship As Adequate Protection In Bankruptcy: The Status Of Unsecured Third Party Guaranties Under Section 361 Of The Bankruptcy Code, Stephen A. Weiss

Cardozo Law Review

No abstract provided.

Good Faith And Chapter 13 Discharge: How Much Discretion Is Too Much?, Ellen M. Horn

Cardozo Law Review

No abstract provided.

Contract Excuse And Bankruptcy Discharge, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

Software Distribution Agreements And Bankruptcy: The Licensor's Perspective, J. Dianne Brinson

Washington Law Review

This Article addresses a special problem within the software-industry—licensee bankruptcy and the need to protect the rights of licensors in the software. Although federal law now protects the rights of a software licensee in the technology when a licensor undergoes bankruptcy, little guidance exists as to the effects of licensee bankruptcy upon the software licensor. This Article thoroughly reviews the relevant bankruptcy and copyright law as they relate to the computer software area, and then discusses why a licensor should consider avoiding the possibility of a software license being treated as an executory contract. The author concludes by offering practical …

Software Licenses As Personal Service Contracts, 9 Computer L.J. 491 (1989), Terrence W. Thompson

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Bankruptcy Code, The Copyright Act, And Transactions In Computer Software, 7 Computer L.J. 327 (1987), Thomas M.S. Hemnes, Susan Barbieri Montgomery

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Third-Party Computer Leases: The Effect Of The Lessor's Bankruptcy, 6 Computer L.J. 573 (1986), Charles S. Cohen

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Bankruptcy Dynamics Of Collective Bargaining Agreements, 19 J. Marshall L. Rev. 301 (1986), Richard L. Merrick

UIC Law Review

No abstract provided.

Interstate Gas Pipeline Ratemaking And Contract Implications, Henry E. Brown

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

61 pages.

Contains references.

Contains 7 attachments.

Creditors’ Rights Involved In The Production And Sale Of Natural Gas, William M. Schultz

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

101 pages (includes forms).

Contains 6 attachments.

Section 311 And 312 Of The Natural Gas Policy Act Of 1978 And Hinshaw Pipelines, Lauren Eaton

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

5 pages.

Drafting And Interpreting Sensitive Gas Purchase Contract Provisions, William D. Watson

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

8 pages.

Off-System Sales: Will They Ever Return?, Paul F. O'Konski

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

5 pages.

Off-System Sales – Will They Ever Return? (The Interstate Side), Robert C. Mchugh

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

27 pages (includes illustrations).

Contains 2 pages of references.

Contains 1 attachment.

The Natural Gas Industry In Transition, Ruth A. Maurer

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

10 pages (includes illustrations).

Legislative Prospects For Wellhead Pricing Of Natural Gas, Richard G. Morgan

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

162 pages.

Contains 16 attachments.

Contractual And Other Considerations Affecting Producers, Pipelines And Distributors During Current Period Of Market Demand Constraints [Outline], Michael J. Manning

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

6 pages.

Agenda: Natural Gas Symposium: Contract Solutions For The Future Of Regulatory Environment, University Of Colorado Boulder. Natural Resources Law Center, University Of Houston. Law Center

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

Contents:

The natural gas industry in transition / Ruth A. Maurer -- Legislative prospects for wellhead pricing of natural gas / Richard G. Morgan -- Off-system sales : will they ever return? : the interstate side / Robert C. McHugh -- Off-system sales : will they ever return? / Paul F. O'Konski -- Contractual and other considerations affecting producers, pipelines and distributors during current period of market demand constraints / Michael J. Manning -- Section 311 and 312 of the Natural Gas Policy Act of 1978 and Hinshaw pipelines / Lauren Eaton -- Drafting and interpreting sensitive gas purchase contract …

Corporations - Under Delaware Law, Majority Shareholders Have No Duty To Ensure That Minority Shareholders Benefit From A Contractual Corporate Dividend Distribution Policy Where The Latter's Changed Circumstances Preclude Enjoyment Of The Benefit, Gregory F. Lepore

Villanova Law Review (1956 - )

No abstract provided.

The Impact Of A Solvent Corporation's Reorganization On Products Liability Claimants, Hal B. Perkins

Cardozo Law Review

No abstract provided.

Bankruptcy: The Death Of Recording Contracts, Mitchell R. Julis, Ricardo A. Baez

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Shopping Center Tenant Bankruptcies: A Better Balance Of Opposing Interests, Matthew J. Gould

Cardozo Law Review

No abstract provided.

The Efficacy Of Guaranty Contracts In Sophisticated Commercial Transactions, Peter A. Alces

Faculty Publications

Even though contracts of guaranty are not subject to uniform standards of interpretation throughout the states, both case law and statutory development have tended to evidence a strong sympathy for the guarantor. In spite of this trend, Professor Alces suggests that creditors' counsel can, through careful drafting, do much to assure the enforceability of the guaranty contract. A scrupulously structured guaranty contract, one that anticipates possible defenses to liability in explicit terms, may well be upheld, even in cases in which guarantors occupied weak negotiating positions vis-a-vis creditors. Moreover, the attack on the guaranty as a fraudulent conveyance under section …

Secured Transactions - What Floats Can Be Sunk, Jack B. Justice

Villanova Law Review (1956 - )

No abstract provided.

Statutory Liens And The Bankruptcy Act: U.C.C. § 2-702 And Section 67(C), Robert A. Green

Cornell Law Faculty Publications

Creditors' Rights And Security Transactions -- 1960 Tennessee Survey, Forrest W. Lacey

Vanderbilt Law Review

Two cases involving mechanic's liens were decided during the period under survey. Rowland v. Lowe' presented the question of the validity of a material men's lien against the owner of land subject to a contract of sale which required the purchaser to erect improvements on the land. In order to protect the vendor's lien, which was to be retained in the deed, the contract provided:

"The purchaser obligates himself to pay all sums for labor and materials in the construction of the improvements on said lot, and in no event shall there be any lien on the lot of ground …

Creditor's Rights - Fraudulent Conveyances - Security Assignment Of Contract Payments Void If Assignor Retains Control, John A. Beach S.Ed.

Michigan Law Review

An insolvent debtor, who owed some $3,500 on plaintiff's partially-collected judgment, executed an instrument assigning to another creditor, a bank, all moneys due and to become due to the debtor under an existing contract, expressly as security for payment of the debtor's present and future indebtedness to the bank. The contract obligor was notified of the assignment, and thereafter the bank collected the amounts periodically accruing under the contract. The bank applied part of these collected amounts to the balance that the debtor owed the bank. The rest was either handed over to the debtor or credited to his general …

Corporations - Promotion - Discharge Of Promoter's Liability As Bidder At A Bankruptcy Sale, John Morrow

Michigan Law Review

On October 1, defendant made the high bid at a bankruptcy sale of hotel properties as "Mr. Ash, trustee." Later that same day a certificate of incorporation was executed for a corporation with Ash as treasurer. On October 4 the proper corporate papers were filed with the secretary of state. On October 4 the receivers receipted for the earnest money deposit, the instrument acknowledging, as interpreted by the court, that the receivers would look to the corporation to complete the contract and would not look to Mr. Ash personally. On October 14, the referee confirmed the sale to "Mr. Ash, …

Contracts-Bills And Notes-Precedent Debt As Consideration In The Law Of Contracts And Negotiable Instruments, Shubrick T. Kothe S.Ed.

Michigan Law Review

Today, there is little left of the sixteenth century rule that a precedent debt is consideration sufficient to ground an action of assumpsit. Modern cases, such as those where a debt is barred by the Statute of Limitations or discharged in bankruptcy, where it is historically applicable, generally do not rest upon that theory. As a practical matter, it makes little difference. These cases achieve a just result, and have been confined to standard fact situations. The doctrine seems clearly at variance with the rule that consideration cannot be past, and serves no useful purpose today. Cases where this problem …

Equity - Specific Performance Of Contract To Lend Money, Robert C. Lovejoy

Michigan Law Review

Plaintiff, through the Mortgage Service Bureau, which acted as intermediary, negotiated a loan from defendant bank, secured by a mortgage on plaintiff's land. Plaintiff executed and delivered notes and a mortgage, and defendant drew a check for one of the loan installments payable to plaintiff and the bureau, The latter without authority took the check, forged plaintiff's signature, and kept the money. The bureau being out of business and insolvent, plaintiff, with an unfinished house on his hands and without funds to complete it, sought specific performance of the agreement to lend. Held, plaintiff was entitled to specific performance, …