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Bankruptcy Law Commons

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Yeshiva University, Cardozo School of Law

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Articles 211 - 235 of 235

Full-Text Articles in Bankruptcy Law

When Enough Is Too Much: Overcollateralization As A Fraudulent Conveyance, Richard J. Sabella Dec 1987

When Enough Is Too Much: Overcollateralization As A Fraudulent Conveyance, Richard J. Sabella

Cardozo Law Review

No abstract provided.


The Impact Of Fraudulent Conveyance Law On Future Advances Supported By Upstream Guaranties And Security Interests, Steven L. Schwarcz Dec 1987

The Impact Of Fraudulent Conveyance Law On Future Advances Supported By Upstream Guaranties And Security Interests, Steven L. Schwarcz

Cardozo Law Review

No abstract provided.


Selling Out Undersecured Creditors: "Value" Under Section 363(F) Of The Bankruptcy Code, Steven M. Shishko Aug 1987

Selling Out Undersecured Creditors: "Value" Under Section 363(F) Of The Bankruptcy Code, Steven M. Shishko

Cardozo Law Review

No abstract provided.


Successor Liability In Bankruptcy: Some Unifying Themes Of Intertemporal Creditor Priorities Created By Running Covenants, Products Liability, And Toxic-Waste Cleanup, David G. Carlson Apr 1987

Successor Liability In Bankruptcy: Some Unifying Themes Of Intertemporal Creditor Priorities Created By Running Covenants, Products Liability, And Toxic-Waste Cleanup, David G. Carlson

Articles

No abstract provided.


Philosophy In Bankruptcy, David G. Carlson Jan 1987

Philosophy In Bankruptcy, David G. Carlson

Articles

The article critically examines Jackson's theories on bankruptcy law, arguing that his "creditor's bargain" model is logically inconsistent and lacks empirical support. It highlights flaws in his assumptions of creditor equality and the justification for bankruptcy discharge, ultimately concluding that his work is ad hoc and unverifiable.


Rejection Of Computer Software Licensing Agreements In Bankruptcy, Viktoria L. Gres Dec 1986

Rejection Of Computer Software Licensing Agreements In Bankruptcy, Viktoria L. Gres

Cardozo Law Review

No abstract provided.


The Availability Of Injunctions In Bankruptcy To Restrain Collection Of I.R.C. 6672(A) Penalties, Beth K. Neelman Jan 1986

The Availability Of Injunctions In Bankruptcy To Restrain Collection Of I.R.C. 6672(A) Penalties, Beth K. Neelman

Cardozo Law Review

No abstract provided.


Timing Of Payments By Check Under Section 547 Of The Bankruptcy Code, Azita Gorton Jan 1986

Timing Of Payments By Check Under Section 547 Of The Bankruptcy Code, Azita Gorton

Cardozo Law Review

No abstract provided.


The Outer Limits Of Section 542 Of The Bankruptcy Code: United States V. Whiting Pools, Inc., Revisited, Craig S. Provorny Jan 1986

The Outer Limits Of Section 542 Of The Bankruptcy Code: United States V. Whiting Pools, Inc., Revisited, Craig S. Provorny

Cardozo Law Review

No abstract provided.


Leveraged Buyouts In Bankruptcy, David G. Carlson Oct 1985

Leveraged Buyouts In Bankruptcy, David G. Carlson

Articles

No abstract provided.


Marshaling Assets In Bankruptcy: Recent Innovations In The Doctrine, Moses Lachman Jan 1985

Marshaling Assets In Bankruptcy: Recent Innovations In The Doctrine, Moses Lachman

Cardozo Law Review

No abstract provided.


Standby Letters Of Credit And Fraud (Is The Standby Only Another Invention Of The Goldsmiths In Lombard Street?), John F. Dolan Jan 1985

Standby Letters Of Credit And Fraud (Is The Standby Only Another Invention Of The Goldsmiths In Lombard Street?), John F. Dolan

Cardozo Law Review

No abstract provided.


The Preemption Of Bankruptcy-Only Exemptions, Joseph Lamport Jan 1985

The Preemption Of Bankruptcy-Only Exemptions, Joseph Lamport

Cardozo Law Review

No abstract provided.


The Voidability Of Security Interests In Tax Refunds Under Section 547 Of The Bankruptcy Code, Howard Kern Jan 1985

The Voidability Of Security Interests In Tax Refunds Under Section 547 Of The Bankruptcy Code, Howard Kern

Cardozo Law Review

No abstract provided.


Tacking A True Course For Maritime Liens On Freight, Uriel P. Bauer Jan 1985

Tacking A True Course For Maritime Liens On Freight, Uriel P. Bauer

Cardozo Law Review

No abstract provided.


Garnishment Payments: Voidable Preferences In Bankruptcy?, Susan J. Samuels Jan 1985

Garnishment Payments: Voidable Preferences In Bankruptcy?, Susan J. Samuels

Cardozo Law Review

No abstract provided.


Future Nonadvance Obligations Under Article 9 Of The Ucc: Legitimate Priority Or Unwarranted Squeeze-Out?, Jeanne L. Schroeder, David G. Carlson Jan 1985

Future Nonadvance Obligations Under Article 9 Of The Ucc: Legitimate Priority Or Unwarranted Squeeze-Out?, Jeanne L. Schroeder, David G. Carlson

Articles

The article critiques the Second Circuit's decision in Dick Warner Cargo Handling Corp. v. Aetna Business Credit, Inc., arguing that it unfairly prioritizes revolving credit financiers over lien creditors by reviving the unitary theory of security interests under Article 9 of the UCC. The authors defend the multiple theory, asserting that security interests for advances and nonadvance obligations should be treated separately, and that the court's ruling undermines the balance intended by the 1972 UCC amendments.


Erisa Plans As Property Of Individuals' Bankruptcy Estates, Elynn Lambert Jan 1984

Erisa Plans As Property Of Individuals' Bankruptcy Estates, Elynn Lambert

Cardozo Law Review

No abstract provided.


Contempt And The Automatic Stay Of The 1978 Bankruptcy Code: Are They Compatible, J. Steven Feldman Jan 1984

Contempt And The Automatic Stay Of The 1978 Bankruptcy Code: Are They Compatible, J. Steven Feldman

Cardozo Law Review

No abstract provided.


Judicial Lien Priorities Under Article 9 Of The Uniform Commercial Code: Part I, David G. Carlson, Paul M. Shupack Jan 1984

Judicial Lien Priorities Under Article 9 Of The Uniform Commercial Code: Part I, David G. Carlson, Paul M. Shupack

Cardozo Law Review

No abstract provided.


The Impact Of A Solvent Corporation's Reorganization On Products Liability Claimants, Hal B. Perkins Jan 1983

The Impact Of A Solvent Corporation's Reorganization On Products Liability Claimants, Hal B. Perkins

Cardozo Law Review

No abstract provided.


Bankruptcy: The Death Of Recording Contracts, Mitchell R. Julis, Ricardo A. Baez Jan 1983

Bankruptcy: The Death Of Recording Contracts, Mitchell R. Julis, Ricardo A. Baez

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Shopping Center Tenant Bankruptcies: A Better Balance Of Opposing Interests, Matthew J. Gould Jan 1983

Shopping Center Tenant Bankruptcies: A Better Balance Of Opposing Interests, Matthew J. Gould

Cardozo Law Review

No abstract provided.


Article 9 Security Interests As Voidable Preferences, Irving A. Breitowitz Jan 1982

Article 9 Security Interests As Voidable Preferences, Irving A. Breitowitz

Cardozo Law Review

No abstract provided.


Article 9 Security Interests As Voidable Preferences: Part Ii The Floating Lien, Irving A. Breitowitz Jan 1982

Article 9 Security Interests As Voidable Preferences: Part Ii The Floating Lien, Irving A. Breitowitz

Cardozo Law Review

No abstract provided.