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Articles 151 - 180 of 235
Full-Text Articles in Bankruptcy Law
Voidable Preferences And Proceeds: A Reconceptualization, David G. Carlson
Voidable Preferences And Proceeds: A Reconceptualization, David G. Carlson
Articles
The article examines the complexities surrounding voidable preferences and proceeds in bankruptcy law, particularly when a secured creditor holds a floating lien on a debtor's assets. It argues that payments made by the debtor to unsecured creditors using encumbered funds can be recovered by the bankruptcy trustee as voidable preferences, provided the creditor cannot trace the funds back to their trust property. The analysis critiques existing case law and proposes that the voidable preference right is never part of the debtor's estate, instead being held by the trustee. The article also challenges the notion that good faith purchasers should retain …
Minority Protection In Residential Private Governments, Stewart E. Sterk
Minority Protection In Residential Private Governments, Stewart E. Sterk
Articles
The article explores the balance between majority rule and minority protections in community associations, drawing parallels with corporate governance to address conflicts and self-dealing issues. It argues that while market forces and self-interest often mitigate harmful majority actions, legal safeguards are necessary to protect minority interests, particularly when idiosyncratic value is at stake. The article advocates for express protections in governing documents and the use of supermajorities to limit association power, emphasizing that courts should invalidate redistributive actions without compensation.
A Case Of Misplaced Priorities: A Proposed Solution To Resolve The Apparent Conflict Between Sections 507 And 1113 Of The Bankruptcy Code, Steven Kropp
Cardozo Law Review
A single corporate bankruptcy is like a pebble thrown into a pond: the ripples keep extending out. Every bankruptcy filing has negative consequences for the corporation's creditors, including its workers. Indeed, a corporate bankruptcy may push many small creditors over the financial brink and even force some of them to file for bankruptcy.
Bifurcation Of Undersecured Claims In Bankruptcy, David G. Carlson
Bifurcation Of Undersecured Claims In Bankruptcy, David G. Carlson
Articles
The article examines the legal implications of the Supreme Court's decision in Dewsnup v. Timm on the bifurcation of undersecured claims in bankruptcy law. It critiques the ruling for creating confusion and potential inequities, arguing that it may diverge from the intent of the Bankruptcy Code. The analysis highlights the need for clearer guidelines to ensure consistent and fair treatment of secured and unsecured claims across different bankruptcy chapters.
The Economic And Political Logic Of Mass Privatization In Czechoslovakia And Poland, George Bogdan
The Economic And Political Logic Of Mass Privatization In Czechoslovakia And Poland, George Bogdan
Cardozo Journal of International and Comparative Law
The article examines the mass privatization programs implemented in Czechoslovakia (later the Czech Republic) and Poland during their transitions from communism to democracy and capitalism. It compares the design, implementation, and outcomes of these programs, highlighting the economic and political factors that shaped their approaches. The analysis focuses on how the unique historical, economic, and political contexts of each country influenced their privatization strategies and the effectiveness of these strategies in achieving marketization and institutional reform.
The Manville Personal Injury Settlement Trust: Lessons For The Future, Frank J. Macchiarola
The Manville Personal Injury Settlement Trust: Lessons For The Future, Frank J. Macchiarola
Cardozo Law Review
I will outline the story of the Manville Personal Injury Settlement Trust. While reading this tale, I urge the reader to ask the following questions: Was the Trust procedure effective? Could other procedures have better resolved the difficulties faced by asbestos victims? Could these other procedures fit into the legal framework, or does equity demand that a workable solution fall outside the legal structure? Could the system developed for the Trust be adapted for future mass torts, or did it simply result from compromises that would not have occurred save for the fact that there was no "bottomless pit" of …
Rents In Bankruptcy, David G. Carlson
Rents In Bankruptcy, David G. Carlson
Articles
The article examines the treatment of rent receivables in bankruptcy proceedings, focusing on the tension between secured creditors' rights and the trustee's powers. It argues that rent receivables should be treated as security interests rather than absolute transfers to prevent unfair forfeitures and ensure debtors can use these funds for reorganization under adequate protection.
The Crisis Of Unemployment And The Future Of Reform In Central And Eastern Europe: Hungary As A Model, Alisa Yamnarm
The Crisis Of Unemployment And The Future Of Reform In Central And Eastern Europe: Hungary As A Model, Alisa Yamnarm
Cardozo Journal of International and Comparative Law
The transition from socialism to capitalism in Central and Eastern Europe has brought significant economic and social challenges, including unemployment, social instability, and a decline in living standards. While countries like Hungary have made notable progress in privatization and attracting foreign investment, the region as a whole faces critical trade-offs between rapid reform and easing social burdens. The success of these transitions depends on addressing systemic issues such as weak institutional frameworks, inadequate managerial expertise, and the need for patience among citizens to realize the long-term benefits of reform.
Anti-Intellectualism, Pierre Schlag
Anti-Intellectualism, Pierre Schlag
Cardozo Law Review
There is a recurrent sameness to American legal thought. It is the sameness that comes from saying over and over again what the law is and saying it, of course, in a way that conforms with the law itself.
Security Interests In The Crucible Of Voidable Preference Law, David G. Carlson
Security Interests In The Crucible Of Voidable Preference Law, David G. Carlson
Articles
In this article, Professor David Gray Carlson analyzes the intersection of voidable preference law under 11 U.S.C. § 547 and security interests under Article 9 of the Uniform Commercial Code. The essay purports to articulate the metaphysical assumptions present in this intersection, no matter how rarified and peculiar, because, in this area of law, even the slightest and most fantastic metaphysical presupposition can change results and shift wealth between debtors and creditors. Given the current dearth of unsecured dividends in bankruptcy proceedings, everything turns on whether security interests survive the critique of voidable preference law. In his treatment, Professor Carlson …
Table Of Contents - Cardozo Law Review, Volume 16, Issue 1
Table Of Contents - Cardozo Law Review, Volume 16, Issue 1
Cardozo Law Review
No abstract provided.
The New Rawlsian Theory Of Bankruptcy Ethics, Mary Josephine Newborn
The New Rawlsian Theory Of Bankruptcy Ethics, Mary Josephine Newborn
Cardozo Law Review
Bankruptcy law was once considered a rather insular sub-specialty of commercial law. Bankruptcy scholars of an earlier time devoted their energies to drafting bankruptcy legislation, mastering its particulars, and systematizing the case law. When these scholars attempted to locate larger themes in bankruptcy, they labored with great deference to positive expressions of bankruptcy's purpose.
The Priority Of Postpetition Retainers, Carve-Outs, And Interim Compensation Under The Bankruptcy Code, Criag B. Cooper
The Priority Of Postpetition Retainers, Carve-Outs, And Interim Compensation Under The Bankruptcy Code, Criag B. Cooper
Cardozo Law Review
Although attorneys are specifically granted an administrative expense priority pursuant to section 507(a)(1) of the Bankruptcy Code ("Code"), other creditors might have even higher priorities. Three such examples come to mind. First, if a secured creditor has been promised adequate protection of its collateral which subsequently fails, the secured party is given a higher priority under section 507(b). Second, a debtor-in-possession ("DIP") under the authority of section 364(c)(1) may grant to a postpetition lender a higher priority than the one provided in section 507(a)(1). Third, if a Chapter 11 case is converted to Chapter 7 the fate of 90 percent …
Table Of Contents - Cardozo Law Review, Volume 15, Issue 5
Table Of Contents - Cardozo Law Review, Volume 15, Issue 5
Cardozo Law Review
No abstract provided.
The Fallacies Of Contemporary Fraudulent Transfer Models As Applied To Intercorporate Guaranties: Fradulent Transfer Law As A Fuzzy System, Jack F. Williams
The Fallacies Of Contemporary Fraudulent Transfer Models As Applied To Intercorporate Guaranties: Fradulent Transfer Law As A Fuzzy System, Jack F. Williams
Cardozo Law Review
Fraudulent transfers and obligations are as varied as fish in the sea. Gifts by insolvents, bogus sales by a debtor to his or her relative, highly leveraged transactions, recapitalizations, real property foreclosures-none escapes the panoptic scrutiny of fraudulent transfer law. Some of these transfers have no legitimate business purpose and are easily condemned, while others are economically beneficial and are not so easily or confidently dispatched.
Adequate Protection Payments And The Surrender Of Cash Collateral In Chapter 11 Reorganization, David G. Carlson
Adequate Protection Payments And The Surrender Of Cash Collateral In Chapter 11 Reorganization, David G. Carlson
Cardozo Law Review
The Bankruptcy Code is deeply confused about the metaphysics of the undersecured creditor. In general, it wants to stop the clock on creditor claims. Creditor claims are allowed as of the day of the bankruptcy petition; they may not grow over time. Thus, postpetition interest is forbidden, because this would admit that time exists. But, inconsistently, postpetition interest is allowed to oversecured creditors-though only to the extent of the equity cushion. Thus, time is not abolished for oversecured creditors. Yet every oversecured creditor is implicitly an undersecured creditor, and perhaps vice versa. That is to say, once an equity …
Artificial Impairment And The Single Asset Chapter 11 Case, David G. Carlson
Artificial Impairment And The Single Asset Chapter 11 Case, David G. Carlson
Articles
The article critiques the use of Chapter 11 bankruptcy for single asset real estate cases, arguing that the doctrine of artificial impairment undermines the purpose of Chapter 11 by allowing creditors to bypass valuation and unfairly dismiss cases without merit. It contends that the repeal of section 1124(3) in 1994 has created uncertainty about the viability of artificial impairment as a tactic, while courts and creditors continue to grapple with the classification and treatment of claims in these cases.
Developments In Trading Claims: Participations And Disputed Claims, Chaim J. Fortgang, Thomas Moers Mayer
Developments In Trading Claims: Participations And Disputed Claims, Chaim J. Fortgang, Thomas Moers Mayer
Cardozo Law Review
The two years since our last paper on trading claims' have seen an explosion in the market for claims against Chapter 11 debtors. More institutions are involved in buying, selling, and brokering claims than ever before. Goldman, Sachs & Company, Salomon Brothers Inc., Lazard Freres & Company, Inc., and Kidder Peabody & Company have joined Oppenheimer & Company, and Bear, Stearns & Company as established Wall Street houses making markets in distressed claims. Commercial banks such as First National Bank of Chicago, ING Bank, and Citibank, N.A. now buy and sell bank claims against distressed debtors.
The Classification Veto In Single-Asset Cases Under Bankruptcy Code Section 1129(A)(10), David G. Carlson
The Classification Veto In Single-Asset Cases Under Bankruptcy Code Section 1129(A)(10), David G. Carlson
Articles
No abstract provided.
Bankruptcy Versus Environmental Protection: Discharging Future Cercla Liability In Chapter 11, Philippe J. Kahn
Bankruptcy Versus Environmental Protection: Discharging Future Cercla Liability In Chapter 11, Philippe J. Kahn
Cardozo Law Review
No abstract provided.
Protecting Retiree Medicial Benefits In Bankruptcy: The Scope Of Section 1114 Of The Bankruptcy Code, Susan J. Stabile
Protecting Retiree Medicial Benefits In Bankruptcy: The Scope Of Section 1114 Of The Bankruptcy Code, Susan J. Stabile
Cardozo Law Review
No abstract provided.
Secured Creditors And Section 15(A)(1) Of The Fair Labor Standards Act: The Supreme Court Creates A New Property Interest, Henry Bregstein
Secured Creditors And Section 15(A)(1) Of The Fair Labor Standards Act: The Supreme Court Creates A New Property Interest, Henry Bregstein
Cardozo Law Review
No abstract provided.
What Courts Do To Secured Creditors In Chapter 11 Cram Down, Jack Friedman
What Courts Do To Secured Creditors In Chapter 11 Cram Down, Jack Friedman
Cardozo Law Review
No abstract provided.
Postpetition Security Interests Under The Bankruptcy Code, David G. Carlson
Postpetition Security Interests Under The Bankruptcy Code, David G. Carlson
Articles
Section 364(c) and (d) of the Bankruptcy Code provides for the creation of security interests in real and personal property under federal law. In this Article, David Gray Carlson discusses the quality and nature of these federal security interests, their remarkable immunity from reversal on appeal, and the ability of postpetition lenders to obtain preferences over other creditors through "cross-collateralization" clauses and the like.
Implications Of Bankruptcy On Alimony, Maintenance, And Support In The Second Circuit, Kenneth Charles Fieldston
Implications Of Bankruptcy On Alimony, Maintenance, And Support In The Second Circuit, Kenneth Charles Fieldston
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
The Non-Traceable 7501 Tax Trust And Bankruptcy Superpriority, Wayne Rodney
The Non-Traceable 7501 Tax Trust And Bankruptcy Superpriority, Wayne Rodney
Cardozo Law Review
No abstract provided.
Bankruptcy And Subleases: The Depravity Of Privity, Rhonda S. Berliner
Bankruptcy And Subleases: The Depravity Of Privity, Rhonda S. Berliner
Cardozo Law Review
No abstract provided.
The Use Of Advance Fee Attorney Retainer Agreements In Bankruptcy: Another Special Law For Lawyers?, Lester Brickman, Jonathan Klein
The Use Of Advance Fee Attorney Retainer Agreements In Bankruptcy: Another Special Law For Lawyers?, Lester Brickman, Jonathan Klein
Articles
From the time that the first lawyers set foot in what is now the United States, society has engaged in efforts to regulate lawyers' fees, including fees received from clients in bankruptcy proceedings. Lawyers, in turn, have been engaged in continuing efforts to: secure their self-interests, aggrandize their role in society, be free of societally imposed constraints on their fees and activities, and carve out an ever larger area of exclusive domain. Although lawyers have not fared as well in their recent efforts to extend the scope of their monopoly by the use of statutes that prohibit the unauthorized practice …
The Trustee’S Strong Arm Power Under The Bankruptcy Code, David G. Carlson
The Trustee’S Strong Arm Power Under The Bankruptcy Code, David G. Carlson
Articles
No abstract provided.
The Road To Repose: Limitations On Avoidance Actions In Chapter 11 Via 11 U.S.C. § 546(A)(2), Paul David Brusiloff
The Road To Repose: Limitations On Avoidance Actions In Chapter 11 Via 11 U.S.C. § 546(A)(2), Paul David Brusiloff
Cardozo Law Review
No abstract provided.