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Bankruptcy Law Commons

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Washington and Lee University School of Law

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Articles 31 - 60 of 88

Full-Text Articles in Bankruptcy Law

A Normative Theory Of Bankruptcy Law: Bankruptcy As (Is) Civil Procedure, Charles W. Mooney, Jr. Jun 2004

A Normative Theory Of Bankruptcy Law: Bankruptcy As (Is) Civil Procedure, Charles W. Mooney, Jr.

Washington and Lee Law Review

This paper develops a normative theory of bankruptcy law called "procedure theory." The core of procedure theory is that bankruptcy law exists in order to maximize the recoveries for holders of legal entitlements ("rightsholders") in respect of a financially distressed debtor. Bankruptcy law in the United States is a branch of civil procedure and the jurisdiction of federal courts. Procedure theory holds that it generally is wrong in bankruptcy to redistribute a debtor's wealth away from its rightsholders to benefit third-party interests, such as at-will employees and the general community. It also generally is wrong to rearrange priorities in bankruptcy …


A Clash Of Expectations: Debtors' Disclaimers Of Property In Advance Of Bankruptcy, Kevin A. White Jun 2003

A Clash Of Expectations: Debtors' Disclaimers Of Property In Advance Of Bankruptcy, Kevin A. White

Washington and Lee Law Review

No abstract provided.


Bankruptcy Empiricism: Lighthouse Still No Good (Reviewing Teresa A. Sullivan, Elizabeth Warren & Jay Lawrence Westbook, The Fragile Middle Class: Americans In Debt (2000)), Margaret Howard Jan 2001

Bankruptcy Empiricism: Lighthouse Still No Good (Reviewing Teresa A. Sullivan, Elizabeth Warren & Jay Lawrence Westbook, The Fragile Middle Class: Americans In Debt (2000)), Margaret Howard

Scholarly Articles

Not available.


Making Sense Out Of Bankruptcy Courts' Recharacterization Of Claims: Why Not Use § 510(C) Equitable Subordination?, Matthew Nozemack Mar 1999

Making Sense Out Of Bankruptcy Courts' Recharacterization Of Claims: Why Not Use § 510(C) Equitable Subordination?, Matthew Nozemack

Washington and Lee Law Review

No abstract provided.


Real Property In Bankruptcy: Some Special Considerations, G. Stanley Joslin Sep 1996

Real Property In Bankruptcy: Some Special Considerations, G. Stanley Joslin

Washington and Lee Law Review

No abstract provided.


Dewsnup V. Timm And Nobelman V. American Savings Bank: The Strip Down Of Liens In Chapter 12 And Chapter 13 Bankruptcies, William E. Callahan, Jr. Jan 1993

Dewsnup V. Timm And Nobelman V. American Savings Bank: The Strip Down Of Liens In Chapter 12 And Chapter 13 Bankruptcies, William E. Callahan, Jr.

Washington and Lee Law Review

No abstract provided.


Case Comments B. Bankruptcy Willis V. Celotex Corp Jan 1993

Case Comments B. Bankruptcy Willis V. Celotex Corp

Washington and Lee Law Review

No abstract provided.


Case Comments: Bankruptcy Law Mar 1992

Case Comments: Bankruptcy Law

Washington and Lee Law Review

No abstract provided.


The Perils Of Nationwide Service Of Process In A Bankruptcy Context, Jeffrey T. Ferriell Sep 1991

The Perils Of Nationwide Service Of Process In A Bankruptcy Context, Jeffrey T. Ferriell

Washington and Lee Law Review

No abstract provided.


Bankruptcy Policy: Toward A Moral Justification For Financial Rehabilitation Of The Consumer Debtor, Richard E. Flint Mar 1991

Bankruptcy Policy: Toward A Moral Justification For Financial Rehabilitation Of The Consumer Debtor, Richard E. Flint

Washington and Lee Law Review

No abstract provided.


Viii. Bankruptcy Law Mar 1991

Viii. Bankruptcy Law

Washington and Lee Law Review

No abstract provided.


Equipment Lessors And Secured Parties In Bankruptcy: An Argument For Coherence, Margaret Howard Jan 1991

Equipment Lessors And Secured Parties In Bankruptcy: An Argument For Coherence, Margaret Howard

Washington and Lee Law Review

No abstract provided.


Ix. Bankruptcy Mar 1990

Ix. Bankruptcy

Washington and Lee Law Review

No abstract provided.


Can A Debtor Void A Real Property Lien That Exceeds The Value Of The Collateral?: An Interpretation Of Section 506(D) Of The Bankruptcy Code Sep 1988

Can A Debtor Void A Real Property Lien That Exceeds The Value Of The Collateral?: An Interpretation Of Section 506(D) Of The Bankruptcy Code

Washington and Lee Law Review

No abstract provided.


Iii. Bankruptcy & Creditors' Rights Mar 1988

Iii. Bankruptcy & Creditors' Rights

Washington and Lee Law Review

No abstract provided.


Maintenance Of Market Strategies In Futures Broker Insolvencies: Futures Position Transfers From Troubled Firms, Andrea M. Corcoran, Susan C. Ervin Jun 1987

Maintenance Of Market Strategies In Futures Broker Insolvencies: Futures Position Transfers From Troubled Firms, Andrea M. Corcoran, Susan C. Ervin

Washington and Lee Law Review

No abstract provided.


I. Bankruptcy & Creditors' Rights Mar 1987

I. Bankruptcy & Creditors' Rights

Washington and Lee Law Review

No abstract provided.


Defining Reasonably Equivalent Value Under Section 548(A) Of The Bankruptcy Code: Is Ristich The Answer? Jan 1987

Defining Reasonably Equivalent Value Under Section 548(A) Of The Bankruptcy Code: Is Ristich The Answer?

Washington and Lee Law Review

No abstract provided.


Kelly V. Robinson, Lewis F. Powell Jr. Oct 1986

Kelly V. Robinson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Iii. Bankruptcy Mar 1986

Iii. Bankruptcy

Washington and Lee Law Review

No abstract provided.


Reaffirmation Under The Consumer Bankruptcy Amendments Of 1984: A Loser For All Concerned , Jeffrey W. Morris, Joseph E. Ulrich Jan 1986

Reaffirmation Under The Consumer Bankruptcy Amendments Of 1984: A Loser For All Concerned , Jeffrey W. Morris, Joseph E. Ulrich

Washington and Lee Law Review

No abstract provided.


Midlantic National Bank V. New Jersey Department Of Environmental Protection, Lewis F. Powell Jr. Oct 1985

Midlantic National Bank V. New Jersey Department Of Environmental Protection, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


I. Bankruptcy Mar 1985

I. Bankruptcy

Washington and Lee Law Review

No abstract provided.


Iv. Bankruptcy & Creditors' Rights Mar 1984

Iv. Bankruptcy & Creditors' Rights

Washington and Lee Law Review

No abstract provided.


Partnerships And Partners Under The Bankruptcy Code: Claims And Distribution, Frank R. Kennedy Jan 1983

Partnerships And Partners Under The Bankruptcy Code: Claims And Distribution, Frank R. Kennedy

Washington and Lee Law Review

No abstract provided.


The Unmaking Of A Bankruptcy Court: Aftermath Of Nor Thernpipeline V. Marathon, Lawrence P. King Jan 1983

The Unmaking Of A Bankruptcy Court: Aftermath Of Nor Thernpipeline V. Marathon, Lawrence P. King

Washington and Lee Law Review

No abstract provided.


Comments On The Consumer Finance Industry's Proposals To Improve The Position Of Secured Creditors In Consumer Bankruptcy Cases, Joseph E. Ulrich Mar 1982

Comments On The Consumer Finance Industry's Proposals To Improve The Position Of Secured Creditors In Consumer Bankruptcy Cases, Joseph E. Ulrich

Washington and Lee Law Review

No abstract provided.


Iii. Bankruptcy Law Mar 1982

Iii. Bankruptcy Law

Washington and Lee Law Review

No abstract provided.


Northern Pipeline Construction Co. V. Marathon Pipe Line Co., Lewis F. Powell Jr. Oct 1981

Northern Pipeline Construction Co. V. Marathon Pipe Line Co., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


The Bankruptcy Discharge: Toward A Fresher Start, Doug Rendleman Apr 1980

The Bankruptcy Discharge: Toward A Fresher Start, Doug Rendleman

Scholarly Articles

None available