Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Banking and Finance Law (31)
- Securities Law (28)
- Commercial Law (26)
- Contracts (16)
- Courts (15)
-
- Property Law and Real Estate (13)
- Dispute Resolution and Arbitration (12)
- Insurance Law (12)
- Jurisdiction (12)
- Criminal Law (11)
- Labor and Employment Law (11)
- Comparative and Foreign Law (10)
- Criminal Procedure (10)
- Legal Profession (10)
- Legislation (10)
- Torts (10)
- Entertainment, Arts, and Sports Law (9)
- Estates and Trusts (9)
- International Law (9)
- Legal Remedies (9)
- Consumer Protection Law (8)
- Education Law (8)
- Housing Law (8)
- State and Local Government Law (8)
- Taxation-Federal (8)
- Constitutional Law (7)
- Intellectual Property Law (7)
- Jurisprudence (6)
- Keyword
-
- Bankruptcy (84)
- Bankruptcy Law (64)
- Credit (13)
- Property--Personal and Real (11)
- Creditors (10)
-
- Banking and Finance Law (9)
- Commercial Law (9)
- Business and the Law (7)
- Contracts (7)
- Securities (7)
- Security Interests (7)
- Criminal Law and Procedure (5)
- Legal Practice and Procedure (5)
- Securities Law (5)
- Creditor (4)
- Crimes Against Property (4)
- Foreclosure (4)
- Fraudulent transfer (4)
- Garnishment (4)
- Labor Law (4)
- Liens (4)
- Sales (4)
- Commercial Code (3)
- Consultants (3)
- Debtor (3)
- Education Law (3)
- Fraud (3)
- Fraudulent Conveyances (3)
- Insurance Law (3)
- Investment (3)
- Publication Year
- Publication
- Publication Type
Articles 181 - 210 of 235
Full-Text Articles in Bankruptcy Law
Taking Interest In A Cure: Compensation For Time Value Of Chapter 13 Residential Mortgage Arrears, Jonathan S. Fields
Taking Interest In A Cure: Compensation For Time Value Of Chapter 13 Residential Mortgage Arrears, Jonathan S. Fields
Cardozo Law Review
No abstract provided.
The Asbestos Claims Management Act Of 1991: A Proposal To The United States Congress, Lester Brickman
The Asbestos Claims Management Act Of 1991: A Proposal To The United States Congress, Lester Brickman
Cardozo Law Review
No abstract provided.
Privatization And Economic Rights In Central Europe, Robert Jystad
Privatization And Economic Rights In Central Europe, Robert Jystad
Cardozo Journal of International and Comparative Law
The article advocates for the reevaluation and adaptation of economic rights in the context of Eastern Europe's transition from communism to market economies, particularly focusing on the challenges posed by privatization. It critiques the U.N.'s approach to full employment as overly idealistic and proposes a Rawlsian principle of fairness, emphasizing equality of opportunity and nondiscrimination, to guide economic reforms. The analysis examines legislative responses in Poland, Hungary, and the Czech and Slovak Federal Republic (CSFR), highlighting the tension between economic reform and social protections. The article concludes that the success of these transitions depends on addressing unfair asset distribution and …
Secured Creditors And Expenses Of Bankruptcy Administration, David G. Carlson
Secured Creditors And Expenses Of Bankruptcy Administration, David G. Carlson
Articles
In any complex bankruptcy proceeding one of the most poignant questions facing the parties and the court is who must pay the trustee's expenses. In addition to routine administrative costs, such expenses may include costs of disposing of estate assets, or, in reorganization proceedings, expenses necessary to preserve the assets and going-concern value of the debtor's business. In this Article, Professor David Gray Carlson undertakes a comprehensive examination of the law of bankruptcy expense allocation through the lens of Bankruptcy Code section 506(c), the trustee's principle tool for charging expenses to secured creditors. After a careful examination of priority and …
Bankruptcy Theory And The Creditors' Bargain, David G. Carlson
Bankruptcy Theory And The Creditors' Bargain, David G. Carlson
Articles
The article critiques the traditional "simple creditors' bargain" theory in bankruptcy law, arguing that it fails to align with libertarian principles due to its inability to justify bankruptcy discharges and its exclusion of debtors and non-creditors. It then explores an "expanded creditors' bargain," which attempts to address distributive aspects but ultimately falls short by excluding non-consensual creditors and failing to explain why contractual risk allocation is insufficient. The analysis highlights the theory's shortcomings in handling various creditor types and risks, questioning its validity in explaining bankruptcy law.
Developments In Trading Claims And Taking Control Of Corporations In Chapter 11, Chaim J. Fortgang, Thomas Moers Mayer
Developments In Trading Claims And Taking Control Of Corporations In Chapter 11, Chaim J. Fortgang, Thomas Moers Mayer
Cardozo Law Review
No abstract provided.
Claims And Control In Chapter 11 Cases: A Call For Neutrality, Herbert P. Minkel Jr., Cynthia A. Baker
Claims And Control In Chapter 11 Cases: A Call For Neutrality, Herbert P. Minkel Jr., Cynthia A. Baker
Cardozo Law Review
No abstract provided.
Tolerance: The Bridge Between Religious Liberty And Privacy, David Rudenstine
Tolerance: The Bridge Between Religious Liberty And Privacy, David Rudenstine
Cardozo Law Review
No abstract provided.
Stockbroker Liquidations Under The Securities Investor Protection Act And Their Impact On Securities Transfers, Michael E. Don, Josephine Wang
Stockbroker Liquidations Under The Securities Investor Protection Act And Their Impact On Securities Transfers, Michael E. Don, Josephine Wang
Cardozo Law Review
No abstract provided.
Trading Claims And Taking Control Of Corporations In Chapter 11, Chaim J. Fortgang, Thomas Moers Mayer
Trading Claims And Taking Control Of Corporations In Chapter 11, Chaim J. Fortgang, Thomas Moers Mayer
Cardozo Law Review
No abstract provided.
An Individual Debtor’S Right To Avoid Liens Under Section 506(D) Of The Bankruptcy Code, Tracy Springer
An Individual Debtor’S Right To Avoid Liens Under Section 506(D) Of The Bankruptcy Code, Tracy Springer
Cardozo Law Review
No abstract provided.
Suretyship As Adequate Protection In Bankruptcy: The Status Of Unsecured Third Party Guaranties Under Section 361 Of The Bankruptcy Code, Stephen A. Weiss
Suretyship As Adequate Protection In Bankruptcy: The Status Of Unsecured Third Party Guaranties Under Section 361 Of The Bankruptcy Code, Stephen A. Weiss
Cardozo Law Review
No abstract provided.
Forms, Charles M. Yablon
"Killing The Husband": Disallowing Contingent Claims For Contribution Or Indemnity In Bankruptcy, Donald R. Korobkin
"Killing The Husband": Disallowing Contingent Claims For Contribution Or Indemnity In Bankruptcy, Donald R. Korobkin
Cardozo Law Review
No abstract provided.
Structured Finance: The New Way To Securitize Assets, Steven L. Schwarcz
Structured Finance: The New Way To Securitize Assets, Steven L. Schwarcz
Cardozo Law Review
No abstract provided.
The Exclusivity Period In Section 1121: How Exclusive Is It, Ross L. Weston
The Exclusivity Period In Section 1121: How Exclusive Is It, Ross L. Weston
Cardozo Law Review
No abstract provided.
Good Faith And Chapter 13 Discharge: How Much Discretion Is Too Much?, Ellen M. Horn
Good Faith And Chapter 13 Discharge: How Much Discretion Is Too Much?, Ellen M. Horn
Cardozo Law Review
No abstract provided.
The Collapsed Leveraged Buyout And The Trustee In Bankruptcy, James F. Queenan Jr.
The Collapsed Leveraged Buyout And The Trustee In Bankruptcy, James F. Queenan Jr.
Cardozo Law Review
Leveraged buyouts bring about concentration of a corporation's ownership in the hands of a few stockholders. This permits the stockholders to control the corporation with the incentive to operate it efficiently in order to realize the entire profit for themselves. Such a joinder of control and ownership, however, is produced at great cost to the corporation, which provides most of the funds used to purchase the stock from the selling shareholders. There is, therefore, the danger of prejudice to a non-stockholder constituency-the corporation's creditors, employees, customers, and the community in which it is located. It is the thesis of this …
Equitable Distribution Requires Equitable Valuation: A Proposal For Amending New York's Equitable Distribution Law, Jacqueline B. Stuart
Equitable Distribution Requires Equitable Valuation: A Proposal For Amending New York's Equitable Distribution Law, Jacqueline B. Stuart
Cardozo Law Review
No abstract provided.
Postpetition Interest Under The Bankruptcy Code, David G. Carlson
Postpetition Interest Under The Bankruptcy Code, David G. Carlson
Articles
The article examines the legal ambiguity surrounding postpetition interest for undersecured creditors in bankruptcy proceedings, focusing on the Supreme Court's ruling in *Timbers of Inwood Forest*. It critiques the decision as unpersuasive and highlights the need for clearer legal frameworks to balance creditor and debtor rights, ensuring fairness and efficiency in bankruptcy cases.
Tax Payments: Are They Voidable Preferences In Low-Asset Bankruptcies?, Jodi S. Brodsky
Tax Payments: Are They Voidable Preferences In Low-Asset Bankruptcies?, Jodi S. Brodsky
Cardozo Law Review
No abstract provided.
Corporate Receiverships And Chapter 11 Reorganizations, Paula Whitney Bets
Corporate Receiverships And Chapter 11 Reorganizations, Paula Whitney Bets
Cardozo Law Review
No abstract provided.
Employee Theft And Erisa: A Proposed Amendment To Garnish Pension Benefits, Bonnie H. Rattner
Employee Theft And Erisa: A Proposed Amendment To Garnish Pension Benefits, Bonnie H. Rattner
Cardozo Law Review
No abstract provided.
Durrett Data: Shucking The Husks From The Grain, Robert M. Zinman
Durrett Data: Shucking The Husks From The Grain, Robert M. Zinman
Cardozo Law Review
No abstract provided.
Data On The Durrett Controversy, Philip Shuchman
Data On The Durrett Controversy, Philip Shuchman
Cardozo Law Review
No abstract provided.
Involuntary Fraudulent Transfers, Frank R. Kennedy
Involuntary Fraudulent Transfers, Frank R. Kennedy
Cardozo Law Review
No abstract provided.
Intragroup (Upstream, Cross-Stream, And Downstream) Guaranties Under The Uniform Fraudulent Transfer Act, Phillip I. Blumberg
Intragroup (Upstream, Cross-Stream, And Downstream) Guaranties Under The Uniform Fraudulent Transfer Act, Phillip I. Blumberg
Cardozo Law Review
No abstract provided.
Fraudulent Conveyance Law As A Property Right, Julie Sirota Karchin, Juli J. Kempner
Fraudulent Conveyance Law As A Property Right, Julie Sirota Karchin, Juli J. Kempner
Cardozo Law Review
No abstract provided.
Confusion In Policy And Language In The Uniform Fraudulent Transfer Act, Paul M. Shupack
Confusion In Policy And Language In The Uniform Fraudulent Transfer Act, Paul M. Shupack
Cardozo Law Review
No abstract provided.
Is Fraudulent Conveyance Law Efficient?, David G. Carlson
Is Fraudulent Conveyance Law Efficient?, David G. Carlson
Cardozo Law Review
No abstract provided.