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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.
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
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
Scholarly Articles
Not available.
Making Sense Out Of Bankruptcy Courts' Recharacterization Of Claims: Why Not Use § 510(C) Equitable Subordination?, Matthew Nozemack
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
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.
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
Case Comments B. Bankruptcy Willis V. Celotex Corp
Washington and Lee Law Review
No abstract provided.
The Perils Of Nationwide Service Of Process In A Bankruptcy Context, Jeffrey T. Ferriell
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
Bankruptcy Policy: Toward A Moral Justification For Financial Rehabilitation Of The Consumer Debtor, Richard E. Flint
Washington and Lee Law Review
No abstract provided.
Equipment Lessors And Secured Parties In Bankruptcy: An Argument For Coherence, Margaret Howard
Equipment Lessors And Secured Parties In Bankruptcy: An Argument For Coherence, Margaret Howard
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
Washington and Lee Law Review
No abstract provided.
Iii. Bankruptcy & Creditors' Rights
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
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
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.
Reaffirmation Under The Consumer Bankruptcy Amendments Of 1984: A Loser For All Concerned , Jeffrey W. Morris, Joseph E. Ulrich
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.
Midlantic National Bank V. New Jersey Department Of Environmental Protection, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Iv. Bankruptcy & Creditors' Rights
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
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
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
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.
Northern Pipeline Construction Co. V. Marathon Pipe Line Co., Lewis F. Powell Jr.
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
The Bankruptcy Discharge: Toward A Fresher Start, Doug Rendleman
Scholarly Articles
None available