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Property Law and Real Estate

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Articles 301 - 330 of 397

Full-Text Articles in Bankruptcy Law

The Commercial Real Estate Landlord's Rights To Receive Post-Petition Rental Payments Under Section 365(D)(3) Of The Bankruptcy Code, C. Alan Gauldin Apr 1992

The Commercial Real Estate Landlord's Rights To Receive Post-Petition Rental Payments Under Section 365(D)(3) Of The Bankruptcy Code, C. Alan Gauldin

University of Arkansas at Little Rock Law Review

No abstract provided.


Erisa: Anti-Alienation Superiority In Bankruptcy, George Lee Flint Jr. Jan 1992

Erisa: Anti-Alienation Superiority In Bankruptcy, George Lee Flint Jr.

West Virginia Law Review

No abstract provided.


University Of Richmond Law Review Jan 1992

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


University Of Richmond Law Review Jan 1991

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Deprizio's Honor: Lenders, Insider Guarantors And The Prisoners' Dilemma, Walter Effross Jan 1991

Deprizio's Honor: Lenders, Insider Guarantors And The Prisoners' Dilemma, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.


An Individual Debtor’S Right To Avoid Liens Under Section 506(D) Of The Bankruptcy Code, Tracy Springer Oct 1990

An Individual Debtor’S Right To Avoid Liens Under Section 506(D) Of The Bankruptcy Code, Tracy Springer

Cardozo Law Review

No abstract provided.


"Killing The Husband": Disallowing Contingent Claims For Contribution Or Indemnity In Bankruptcy, Donald R. Korobkin May 1990

"Killing The Husband": Disallowing Contingent Claims For Contribution Or Indemnity In Bankruptcy, Donald R. Korobkin

Cardozo Law Review

No abstract provided.


The Controversy Over Section 548 Of The Bankruptcy Code In The Mortgage Arena: Making The Case For A Federal Statute Reforming The Foreclosure Process, 23 J. Marshall L. Rev. 683 (1990), Robert A. Glaves Jan 1990

The Controversy Over Section 548 Of The Bankruptcy Code In The Mortgage Arena: Making The Case For A Federal Statute Reforming The Foreclosure Process, 23 J. Marshall L. Rev. 683 (1990), Robert A. Glaves

UIC Law Review

No abstract provided.


Equitable Distribution Requires Equitable Valuation: A Proposal For Amending New York's Equitable Distribution Law, Jacqueline B. Stuart Aug 1989

Equitable Distribution Requires Equitable Valuation: A Proposal For Amending New York's Equitable Distribution Law, Jacqueline B. Stuart

Cardozo Law Review

No abstract provided.


Constructive Trusts In Bankruptcy, Emily Sherwin Jan 1989

Constructive Trusts In Bankruptcy, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.


Installment Land Contracts--The National Scene Revisited, Dale A. Whitman, Grant S. Nelson Jan 1985

Installment Land Contracts--The National Scene Revisited, Dale A. Whitman, Grant S. Nelson

Faculty Publications

In 1977 we published an article in this Review that discussed the legal aspects of the installment land contract. The installment contract was then, and continues to be, widely used as a device for seller financing of real estate. In our judgment, and increasingly in the judgment of the courts, that is a mistake. Few situations, if any, would lead an informed lawyer to advise his client to use an installment contract rather than its financing cousin, the note secured by a mortgage or deed of trust. Since the prior article was published, the courts have continued to place impediments …


Treatment Of Time-Share Interests Under The Bankruptcy Code, Mark C. Eriks Apr 1984

Treatment Of Time-Share Interests Under The Bankruptcy Code, Mark C. Eriks

Indiana Law Journal

No abstract provided.


Bankruptcy - Section 522(B)(2)(B) - Debtor May Not Exempt Pennsylvania Entireties Property Subject To An Existing Judgment Against Both Debtor And Spouse On A Joint Debt, Jennifer G. Leps Jan 1983

Bankruptcy - Section 522(B)(2)(B) - Debtor May Not Exempt Pennsylvania Entireties Property Subject To An Existing Judgment Against Both Debtor And Spouse On A Joint Debt, Jennifer G. Leps

Villanova Law Review (1956 - )

No abstract provided.


Shopping Center Tenant Bankruptcies: A Better Balance Of Opposing Interests, Matthew J. Gould Jan 1983

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

Cardozo Law Review

No abstract provided.


Nonjudicial Foreclosure Under Deed Of Trust May Be A Fraudulent Transfer Of Bankrupt's Property: Durrett V. Washington National Insurance Co., Franklin G. Snyder Mar 1982

Nonjudicial Foreclosure Under Deed Of Trust May Be A Fraudulent Transfer Of Bankrupt's Property: Durrett V. Washington National Insurance Co., Franklin G. Snyder

Faculty Scholarship

In theory, the substantive rights of secured creditors such as mortgagees are affected much less by bankruptcy proceedings than those of unsecured creditors. In practice, however, bankruptcy proceedings have affected mortgagees. Filing a bankruptcy petition automatically stays pending foreclosures. Trustees in bankruptcy also can set aside foreclosures of certain liens obtained by unsecured creditors and certain mortgages and deeds of trust executed in the year preceding bankruptcy. The decision in Durrett adds yet another weapon to the bankruptcy trustee's arsenal: the power to void nonjudicial foreclosure sales even though the sale is proper and final under state law.


Property, E. F. Roberts Jan 1981

Property, E. F. Roberts

Cornell Law Faculty Publications

In the past, property exemplified law as an ordered set of rules, each axiom fitting nicely into an almost immovable intellectual mosaic of immense size. This obsolete rule grid still serves a purpose. It has been pressed into service as a vehicle to test aspirants for admission to the bar, now that even the bar examiners in this Republic have succumbed to using multiple choice questions susceptible to machine scoring. The irony is that this bar examination law does not mirror the real law, the common-law model having been destroyed by the entropy that typifies this fragile society. Order has …


Homestead And The Process Of History: The Proposed Changes In Article X, Section 4, Dennis J. Wall Jul 1978

Homestead And The Process Of History: The Proposed Changes In Article X, Section 4, Dennis J. Wall

Florida State University Law Review

No abstract provided.


May The Beneficiary Of An Illinois Land Trust Proceed Under Chapter Xii Of The Bankruptcy Act, 10 J. Marshall J. Prac. & Proc. 567 (1977), Roman R. Okrei Jan 1977

May The Beneficiary Of An Illinois Land Trust Proceed Under Chapter Xii Of The Bankruptcy Act, 10 J. Marshall J. Prac. & Proc. 567 (1977), Roman R. Okrei

UIC Law Review

No abstract provided.


Real Estate Finance: The Discount Point System And Its Effect On Federally Insured Home Loans, Edwin T. Hood, James A. Kushner Jan 1971

Real Estate Finance: The Discount Point System And Its Effect On Federally Insured Home Loans, Edwin T. Hood, James A. Kushner

Faculty Works

No abstract provided.


Bankruptcy--Stay Of Bankruptcy Proceedings Denied To Creditor Seeking Lien On Exempt Property--Harris V. Hoffman, Michigan Law Review Jan 1968

Bankruptcy--Stay Of Bankruptcy Proceedings Denied To Creditor Seeking Lien On Exempt Property--Harris V. Hoffman, Michigan Law Review

Michigan Law Review

The appellants, husband and wife, executed a promissory note to the appellee-bank. Thereafter, they purchased real property which they occupied as a homestead. Acting pursuant to an Iowa statute which subjects a homestead to debts contracted before the homestead was acquired, the bank commenced a suit on the note in state court, but this proceeding was stayed when appellants filed a voluntary petition in bankruptcy. After the trustee in bankruptcy set the homestead apart as property exempt under Iowa law, the bank sought a stay of discharge in bankruptcy for a reasonable period of time so that it could obtain …


Security Aspects Of The Abc Transaction, John T. Schmidt Apr 1967

Security Aspects Of The Abc Transaction, John T. Schmidt

Michigan Law Review

In recent years, investments in subterraneous oil and gas have become a common addition to the investment portfolios of national financial institutions. Relying on the assurances of reputable geological studies, traditionally conservative financers have invested amounts ranging up to several hundred million dollars against collateral once accepted only by speculators and a few adventurous oil-country bankers. The increased interest in these investments is in part attributable to the development of the ABC method of financing the purchase of producing oil and gas properties. This method offers unique tax advantages, which have been discussed elsewhere, but also creates problems for the …


Abstracts Of Recent Cases, Boyd Lee Warner Ii Dec 1963

Abstracts Of Recent Cases, Boyd Lee Warner Ii

West Virginia Law Review

No abstract provided.


Liens And Equity Rules In A Creditor's Application For A Receiver In Texas, Lee A. Chagra, Charles W. Wolfram May 1962

Liens And Equity Rules In A Creditor's Application For A Receiver In Texas, Lee A. Chagra, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.


Bankruptcy--Right Of Creditors To Reach Property Held As Tenants By The Entirety, John Templeton Kay Jr. Apr 1962

Bankruptcy--Right Of Creditors To Reach Property Held As Tenants By The Entirety, John Templeton Kay Jr.

West Virginia Law Review

No abstract provided.


Business Associations -- 1955 Tennessee Survey, Paul J. Hartman Aug 1955

Business Associations -- 1955 Tennessee Survey, Paul J. Hartman

Vanderbilt Law Review

Nature and Formation of Partnerships: The question whether a contract sued on was a partnership arrangement so as to be cognizable only in equity was considered by the Tennessee Court of Appeals in Powel v. Bundy.' There Bundy, a real estate broker, sued Powell on the lawside to recover $500, alleged to be plaintiff's one-half share of a commission earned by their joint efforts in selling a tract of real estate, but which commission had been collected and wrongfully retained by defendant. Among other defenses interposed was defendant's contention that the contract sued on was that of a partnership arrangement …


Rights Of Creditors In Insurance -- The Tennessee Exemption Statutes, Paul J. Hartman Jun 1952

Rights Of Creditors In Insurance -- The Tennessee Exemption Statutes, Paul J. Hartman

Vanderbilt Law Review

The subject of the availability of assets to creditors is important when a trustee in bankruptcy as a representative of creditors is seeking to gather assets to pay off creditors; and the subject is of equal importance where a single creditor, not in a bankruptcy proceeding, is seeking to satisfy his claim out of the assets of his debtor. Whatever is property in the hands of the debtor is available to his creditors, unless it is exempt by law. This property is his estate, considered indifferently from the standpoint of the single creditor who seeks to realize for himself alone, …


Debtors' Estates-Right Of Debtor To Claim Homestead Exemption In Insurance Proceeds From Non-Exempt Property Destroyed By Fire Sep 1949

Debtors' Estates-Right Of Debtor To Claim Homestead Exemption In Insurance Proceeds From Non-Exempt Property Destroyed By Fire

Washington and Lee Law Review

No abstract provided.


Taxation--Exemptions--Income-Producing Real Property Of Charity, M. D. B. Jr. Dec 1946

Taxation--Exemptions--Income-Producing Real Property Of Charity, M. D. B. Jr.

West Virginia Law Review

No abstract provided.


Bankruptcy- Municipal Reorganization - Fairness Of Plan, Kenneth J. Nordstrom Jun 1941

Bankruptcy- Municipal Reorganization - Fairness Of Plan, Kenneth J. Nordstrom

Michigan Law Review

A local government district, finding itself hopelessly in debt, filed a petition for relief under Chapter IX of the Bankruptcy Act as amended. The municipal debt composition plan provided that bondholders would receive eight cents on the dollar. The evidence showed that a considerable quantity of bonds were bought by local landowners at much more than eight cents on the dollar, evidently for the purpose of being used in getting the approval of some such plan as proposed, in the expectation of an increase in value of their lands by improvements to be made by the debtor through a loan …


Bankruptcy - Debts Not Affected By A Discharge - Goods Purchased When Insolvent With No Intent To Pay, William C. Wetherbee Jr. Mar 1941

Bankruptcy - Debts Not Affected By A Discharge - Goods Purchased When Insolvent With No Intent To Pay, William C. Wetherbee Jr.

Michigan Law Review

Respondent was suing the debtor in a municipal court of Georgia for goods purchased on account. When the debtor was ajudicated a bankrupt, the respondent changed his action from contract to tort by alleging that the bankrupt had purchased the goods when insolvent with no intent to pay for them. A judgment was obtained by respondent and the bankrupt subsequently received a discharge in bankruptcy. The bankrupt now asks that the respondent be enjoined from further proceeding to enforce this judgment by garnishment or in any other manner. Respondent claims that the judgment was not discharged since it was a …