Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Debtor (9)
- Creditor (8)
- Bankruptcy (7)
- BAPCPA (3)
- Chapter 13 (3)
-
- Discharge (3)
- Exemption (3)
- Arkansas (2)
- Bankruptcy Code (2)
- Bankruptcy Reform Act of 1978 (2)
- Bankruptcy; Section 365(d)(3) of the Bankruptcy Code; landlord's rights; trustee assumption or rejection of commercial lease; "Shopping Center Amendments"; commercial real estate; (2)
- Chapter 11 (2)
- Debt (2)
- Insolvency (2)
- Possessory lien (2)
- Redemption (2)
- Repayment (2)
- Replevin (2)
- Statutory lien (2)
- Transfer (2)
- "cram down" provision (1)
- "fair and equitable" (1)
- "necessities of life" argument (1)
- Abrogate (1)
- Absolute priority (1)
- Acquisition (1)
- Administrative law; bankruptcy law; creditor claims; adjudication by bank boards; judicial review of claims; (1)
- American Indian (1)
- Anti-alienation provisions (1)
- Appraisal before sale (1)
- Publication Year
- Publication
- Publication Type
Articles 1 - 30 of 36
Full-Text Articles in Bankruptcy Law
A Revised Perspective On Non-Debtor Releases, Joshua M. Silverstein
A Revised Perspective On Non-Debtor Releases, Joshua M. Silverstein
Law Faculty Scholarship
“Non-debtor releases” are bankruptcy orders that extinguish claims against a party other than a bankrupt debtor over the objection of the creditor. Also known as “third-party releases,” the legality of these orders is one of the most important and controversial issues in bankruptcy law specifically and business law generally. The split in the courts over the propriety of non-debtor releases stretches back thirty-five years. However, the United States Supreme Court is poised to resolve the split this term in the Purdue Pharma bankruptcy. In two prior articles published in 2006 and 2009, I argued that third-party releases are permissible under …
Consumer Protection & Bankruptcy Law—Rewarding Repayment: Removing The Fear From Crushing Student Loan Debt Through Alternatives To Discharge, Sarah Holden
University of Arkansas at Little Rock Law Review
No abstract provided.
Abrogating Tribal Sovereign Immunity Via The Bankruptcy Code, Amanda Hager Freudensprung
Abrogating Tribal Sovereign Immunity Via The Bankruptcy Code, Amanda Hager Freudensprung
University of Arkansas at Little Rock Law Review
No abstract provided.
Up In Smoke: Bankruptcy And Cannabis, Peter C. Alexander
Up In Smoke: Bankruptcy And Cannabis, Peter C. Alexander
University of Arkansas at Little Rock Law Review
No abstract provided.
Bankruptcy—Student Loans For Life, The Discharge Of Student Loans Under 11 U.S.C. § 523 (A)(8)—Using The Eighth Circuit's Totality-Of-The-Circumstances Test And The Partial Discharge Method, Richard D. Burke Iii
Bankruptcy—Student Loans For Life, The Discharge Of Student Loans Under 11 U.S.C. § 523 (A)(8)—Using The Eighth Circuit's Totality-Of-The-Circumstances Test And The Partial Discharge Method, Richard D. Burke Iii
University of Arkansas at Little Rock Law Review
No abstract provided.
The Bankruptcy Of Refusing To Hire Persons Who Have Filed Bankruptcy, Terrence Cain
The Bankruptcy Of Refusing To Hire Persons Who Have Filed Bankruptcy, Terrence Cain
Law Faculty Scholarship
In 1978, Congress made it illegal for government employers to deny employment to, terminate the employment of, or discriminate with respect to employment against a person who has filed bankruptcy. In 1984, Congress extended this prohibition to private employers by making it illegal for such employers to terminate the employment of, or discriminate with respect to employment against a person who has filed bankruptcy. Under the law as it currently exists, private employers can refuse to hire a person who has filed bankruptcy solely because that person has filed for bankruptcy. Meanwhile, employers have substantially increased their use of credit …
Bankruptcy—Confusion And Ambiguity: The Post-Bapcpa Uncertainty Concerning The Ride-Through Option In The Eighth Circuit, Kate Davidson
Bankruptcy—Confusion And Ambiguity: The Post-Bapcpa Uncertainty Concerning The Ride-Through Option In The Eighth Circuit, Kate Davidson
University of Arkansas at Little Rock Law Review
No abstract provided.
Statutory Foreclosures In Arkansas: The Law And Recent Developments, Lynn C. Foster
Statutory Foreclosures In Arkansas: The Law And Recent Developments, Lynn C. Foster
Law Faculty Scholarship
No abstract provided.
Trusts And Estates - Spendthrift Trusts And The "Happenstance Of Bankruptcy" Rule, Jonathan R. Shulan
Trusts And Estates - Spendthrift Trusts And The "Happenstance Of Bankruptcy" Rule, Jonathan R. Shulan
University of Arkansas at Little Rock Law Review
No abstract provided.
Overlooking Tort Claimants' Best Interests: Non-Debtor Releases In Asbestos Bankruptcies , Joshua M. Silverstein
Overlooking Tort Claimants' Best Interests: Non-Debtor Releases In Asbestos Bankruptcies , Joshua M. Silverstein
Law Faculty Scholarship
The asbestos crisis has spawned the development of extraordinary new remedies. One of the most dramatic and controversial is known as a "non-debtor release," a bankruptcy order extinguishing claims against a party who has not itself filed for bankruptcy. Also known as a "third-party release," this form of relief first found acceptance in early asbestos insolvencies. Since that time, Congress has passed a statute—§ 524(g) of the Bankruptcy Code—that expressly authorizes non-debtor releases in asbestos reorganizations. Powerful remedies are subject to abuse, and third-party releases are no exception. In this article, I argue that bankruptcy courts and litigants have overlooked …
Direct Appeals From Bankruptcy Courts To The Courts Of Appeals: The Experience After Two Years, David George
Direct Appeals From Bankruptcy Courts To The Courts Of Appeals: The Experience After Two Years, David George
The Journal of Appellate Practice and Process
No abstract provided.
Individual Chapter 11 Reorganizations: Big Problems With The New "Big" Chapter 13, Robert J. Landry Iii
Individual Chapter 11 Reorganizations: Big Problems With The New "Big" Chapter 13, Robert J. Landry Iii
University of Arkansas at Little Rock Law Review
No abstract provided.
Hiding In Plain View: A Neglected Supreme Court Decision Resolves The Debate Over Non-Debtor Releases In Chapter 11 Reorganizations, Joshua M. Silverstein
Hiding In Plain View: A Neglected Supreme Court Decision Resolves The Debate Over Non-Debtor Releases In Chapter 11 Reorganizations, Joshua M. Silverstein
Law Faculty Scholarship
This article presents a novel resolution of a long-standing circuit split on an issue of critical significance to bankruptcy and tort law: whether bankruptcy courts may extinguish liabilities of parties that have not filed for bankruptcy. Such "non-debtor releases" are similar in effect to a bankruptcy discharge and have become particularly common in both mass tort disputes and general insolvencies adjudicated through the bankruptcy process. In this article, I illustrate how an overlooked Supreme Court decision—United States v. Energy Resources, 495 U.S. 545 (1990)—offers crucial support for the pro-release position. Energy Resources demonstrates that the bankruptcy courts’ "general equitable power" …
Preference Determinations Concerning Bankruptcy Reform Act Of 1978 And Securities Act Of 1933, Securities And Exchange Act Of 1934, And Commodity Exchange Act, J. B. Grossman
University of Arkansas at Little Rock Law Review
No abstract provided.
Take What You Can, Give Nothing Back: Judicial Estoppel, Employment Discrimination, Bankruptcy, And Piracy In The Courts, Theresa M. Beiner, Robert B. Chapman
Take What You Can, Give Nothing Back: Judicial Estoppel, Employment Discrimination, Bankruptcy, And Piracy In The Courts, Theresa M. Beiner, Robert B. Chapman
Law Faculty Scholarship
No abstract provided.
Recovery Of Creditors' Costs From The Bankruptcy Estate: Reasonable, Necessary, And ... Uncertain?, Judy Simmons Henry
Recovery Of Creditors' Costs From The Bankruptcy Estate: Reasonable, Necessary, And ... Uncertain?, Judy Simmons Henry
University of Arkansas at Little Rock Law Review
No abstract provided.
Bankruptcy—Preferential Transfers—Ordinary Course Of Business Exception Requires Objective Proof Of Industry Standards. Jones V. United Sav. & Loan Ass'n (In Re U.S.A. Inns, Inc.), 9 F.3d 680 (8th Cir. 1993)., Phyllis A. Mckenzie
University of Arkansas at Little Rock Law Review
No abstract provided.
The Bankruptcy Reform Act Of 1994, Allen W. Bird Ii, James G. Mixon, Brian Rosenthal
The Bankruptcy Reform Act Of 1994, Allen W. Bird Ii, James G. Mixon, Brian Rosenthal
University of Arkansas at Little Rock Law Review
No abstract provided.
Bankruptcy—Excusable Neglect—Late Filings Of Bankruptcy Proofs Of Claims Are Not Limited To Those Beyond The Filer's Ability To Control. Pioneer Inv. Servs. Co. V. Brunswick Assoc. Ltd. Partnership, 113 S. Ct. 1489 (1993)., Sue Patton Mosley
University of Arkansas at Little Rock Law Review
No abstract provided.
Bankruptcy—Chapter 13—Bifurcation Of Undersecured Claims Secured Only By Residential Real Estate Mortgages Is Not Allowed. Nobelman V. American Savings Bank (In Re Nobelman), 113 S. Ct. 2106 (1993)., Steven O. Vondran
University of Arkansas at Little Rock Law Review
No abstract provided.
Bankruptcy—Property Of The Estate—The Property Of The Estate Continues To Exist After Confirmation Of The Chapter 13 Plan. Security Bank Of Marshalltown V. Neiman, 1 F.3d 687 (8th Cir. 1993)., Alexandra A. Ifrah
University of Arkansas at Little Rock Law Review
No abstract provided.
Bankruptcy—Qualified Erisa Plans Deemed Excludable From Bankruptcy Estates. Patterson V. Shumate, 112 S. Ct. 2242 (1992)., B. Shay Wilson
Bankruptcy—Qualified Erisa Plans Deemed Excludable From Bankruptcy Estates. Patterson V. Shumate, 112 S. Ct. 2242 (1992)., B. Shay Wilson
University of Arkansas at Little Rock Law Review
No abstract provided.
Bankruptcy—A Fraudulent Conveyance Action And A Lis Pendens May Create A Lien Which Survives A Bankruptcy Discharge. Clark V. Bank Of Bentonville., Mary Krikorian
University of Arkansas at Little Rock Law Review
No abstract provided.
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
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.
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
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.
Administrative Law—Rescuing Creditor Claims From The "Black Hole." Coit Independence Joint Venture V. Federal Savings And Loan Insurance Corporation, J. Michael Pickens
Administrative Law—Rescuing Creditor Claims From The "Black Hole." Coit Independence Joint Venture V. Federal Savings And Loan Insurance Corporation, J. Michael Pickens
University of Arkansas at Little Rock Law Review
No abstract provided.
A Comparison Of Farm Bankruptcies In Chapter 11 And The New Chapter 12, Janet A. Flaccus
A Comparison Of Farm Bankruptcies In Chapter 11 And The New Chapter 12, Janet A. Flaccus
University of Arkansas at Little Rock Law Review
No abstract provided.
Conversion Of Nonexempt Property To Exempt Property On The Eve Of Bankruptcy In Arkansas, J. Thomas Hardin
Conversion Of Nonexempt Property To Exempt Property On The Eve Of Bankruptcy In Arkansas, J. Thomas Hardin
University of Arkansas at Little Rock Law Review
No abstract provided.
Debtor-Creditor Relations—Arkansas Fraudulent Transfer Act, Coleen Miller Barger
Debtor-Creditor Relations—Arkansas Fraudulent Transfer Act, Coleen Miller Barger
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Due Process—Garnishment Procedures Must Provide For Notice To Postjudgment Debtor, Kathleen A. Hillegas
Constitutional Law—Due Process—Garnishment Procedures Must Provide For Notice To Postjudgment Debtor, Kathleen A. Hillegas
University of Arkansas at Little Rock Law Review
No abstract provided.