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Full-Text Articles in Bankruptcy Law

The Continuing Problem Of Continuing Concealment – Ignoring The Language And Policy Of § 727(A)(2)(A), Laura B. Bartell Jan 2024

The Continuing Problem Of Continuing Concealment – Ignoring The Language And Policy Of § 727(A)(2)(A), Laura B. Bartell

Law Faculty Research Publications

No abstract provided.


Section 727(A)(11) – Modest Proposals For Change, Laura B. Bartell Jan 2023

Section 727(A)(11) – Modest Proposals For Change, Laura B. Bartell

Law Faculty Research Publications

No abstract provided.


Waiver Of Discharge – Is It Ever Really Voluntary?, Laura B. Bartell Jan 2022

Waiver Of Discharge – Is It Ever Really Voluntary?, Laura B. Bartell

Law Faculty Research Publications

No abstract provided.


Postpetition Proceeds Of Exempt Interests In Property – Who Owns The Appreciation?, Laura B. Bartell Jan 2021

Postpetition Proceeds Of Exempt Interests In Property – Who Owns The Appreciation?, Laura B. Bartell

Law Faculty Research Publications

No abstract provided.


Bankruptcy And The Deceased Debtor: Rule 1016 In Practice, Laura B. Bartell Jan 2020

Bankruptcy And The Deceased Debtor: Rule 1016 In Practice, Laura B. Bartell

Law Faculty Research Publications

No abstract provided.


Stern Claims And Article Iii Adjudication - The Bankruptcy Judge Knows Best, Laura B. Bartell Jan 2019

Stern Claims And Article Iii Adjudication - The Bankruptcy Judge Knows Best, Laura B. Bartell

Law Faculty Research Publications

No abstract provided.


Section 707(B) Standing For Parties In Interest - Who Cares, Laura B. Bartell Jan 2019

Section 707(B) Standing For Parties In Interest - Who Cares, Laura B. Bartell

Law Faculty Research Publications

No abstract provided.


Tax Foreclosures As Fraudulent Transfers - Are Auctions Really Necessary, Laura B. Bartell Jan 2019

Tax Foreclosures As Fraudulent Transfers - Are Auctions Really Necessary, Laura B. Bartell

Law Faculty Research Publications

No abstract provided.


Stern Claims And Article Iii Adjudication - The Bankruptcy Judge Knows Best, Laura B. Bartell Jan 2019

Stern Claims And Article Iii Adjudication - The Bankruptcy Judge Knows Best, Laura B. Bartell

Law Faculty Research Publications

No abstract provided.


Section 704(B)(2) - The Back Door Into Chapter 7 For The Above-Median Debtor, Laura B. Bartell Jan 2018

Section 704(B)(2) - The Back Door Into Chapter 7 For The Above-Median Debtor, Laura B. Bartell

Law Faculty Research Publications

No abstract provided.


Section 704(B)(2) - The Back Door Into Chapter 7 For The Above-Median Debtor, Laura B. Bartell Jan 2018

Section 704(B)(2) - The Back Door Into Chapter 7 For The Above-Median Debtor, Laura B. Bartell

Law Faculty Research Publications

No abstract provided.


Very Special Circumstances - The Almost Irrebuttable Presumption Of Abuse Under Section 707(B)(2), Laura B. Bartell Jan 2017

Very Special Circumstances - The Almost Irrebuttable Presumption Of Abuse Under Section 707(B)(2), Laura B. Bartell

Law Faculty Research Publications

No abstract provided.


The Unconfirmable Modified Chapter 13 Plan - The Disposable Income Test Of Section 1325(B) And Plan Modifications, Laura B. Bartell Jan 2016

The Unconfirmable Modified Chapter 13 Plan - The Disposable Income Test Of Section 1325(B) And Plan Modifications, Laura B. Bartell

Law Faculty Research Publications

No abstract provided.


Letter To Judge Rhodes: An Evaluation Of The Expert Report Of Martha E.M. Kopacz Regarding The Feasibility Of The City Of Detroit Plan Of Adjustment, Peter J. Hammer Jan 2015

Letter To Judge Rhodes: An Evaluation Of The Expert Report Of Martha E.M. Kopacz Regarding The Feasibility Of The City Of Detroit Plan Of Adjustment, Peter J. Hammer

Law Faculty Research Publications

No abstract provided.


Stay Imposed - The Failed Policy Of Section 362(C)(4), Laura B. Bartell Jan 2015

Stay Imposed - The Failed Policy Of Section 362(C)(4), Laura B. Bartell

Law Faculty Research Publications

No abstract provided.


Motions To Withdraw The Reference - An Empirical Study, Laura B. Bartell Jan 2015

Motions To Withdraw The Reference - An Empirical Study, Laura B. Bartell

Law Faculty Research Publications

No abstract provided.


Extinction And Creation Of Property Interests Encumbered By Liens – The Strange Legacy Of Farrey V. Sanderfoot, Laura B. Bartell Jul 2013

Extinction And Creation Of Property Interests Encumbered By Liens – The Strange Legacy Of Farrey V. Sanderfoot, Laura B. Bartell

Law Faculty Research Publications

No abstract provided.


Pension Plan Loans And Means Testing – The Pernicious Endurance Of Villarie, Laura B. Bartell Jan 2013

Pension Plan Loans And Means Testing – The Pernicious Endurance Of Villarie, Laura B. Bartell

Law Faculty Research Publications

No abstract provided.


Making Assumptions About The Individual Debtor's Right To Assume Under Sec. 365(P)(2), Laura B. Bartell Jul 2011

Making Assumptions About The Individual Debtor's Right To Assume Under Sec. 365(P)(2), Laura B. Bartell

Law Faculty Research Publications

No abstract provided.


The Appeal Of Direct Appeal – Use Of The New 28 U.S.C. § 158(D)(2), Laura B. Bartell Jan 2010

The Appeal Of Direct Appeal – Use Of The New 28 U.S.C. § 158(D)(2), Laura B. Bartell

Law Faculty Research Publications

Prior to the amendments enacted in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), a decision of a federal bankruptcy judge could be appealed in one of two ways. First, a litigant could appeal a final judgment, order or decree (and certain interlocutory orders and decrees) to the district court for the judicial district in which the bankruptcy judge sits. Second, if the judicial council of the circuit in which the bankruptcy judge was serving had established a bankruptcy appellate panel (BAP) under 28 U.S.C. § 158(6)(1), and the district judges for the district in which the …


A Guide To The Judicial Management Of Bankruptcy Mega-Cases (2nd Ed.), Laura B. Bartell Jan 2009

A Guide To The Judicial Management Of Bankruptcy Mega-Cases (2nd Ed.), Laura B. Bartell

Law Faculty Research Publications

No abstract provided.


Awards Of Costs In Bankruptcy Court, Laura B. Bartell Dec 2008

Awards Of Costs In Bankruptcy Court, Laura B. Bartell

Law Faculty Research Publications

In this article I will look at awards of costs in bankruptcy courts, focusing on the bases for such awards, the discretion conferred on bankruptcy judges to award costs or deny them, what "costs" may or may not be awarded, and what procedural steps a litigant must pursue to secure such an award.


Straddle Obligations Under Prepetition Contracts – Prepetition Claims, Postpetition Claims Or Administrative Expenses, Laura B. Bartell Jan 2008

Straddle Obligations Under Prepetition Contracts – Prepetition Claims, Postpetition Claims Or Administrative Expenses, Laura B. Bartell

Law Faculty Research Publications

No abstract provided.


From Debtors’ Prisons To Prisoner Debtors: Credit Counseling For The Incarcerated, Laura B. Bartell Jan 2008

From Debtors’ Prisons To Prisoner Debtors: Credit Counseling For The Incarcerated, Laura B. Bartell

Law Faculty Research Publications

No abstract provided.


Staying The Serial Filer – Interpreting The New Exploding Stay Provisions Of § 362(C)(3) Of The Bankruptcy Code, Laura B. Bartell Jan 2008

Staying The Serial Filer – Interpreting The New Exploding Stay Provisions Of § 362(C)(3) Of The Bankruptcy Code, Laura B. Bartell

Law Faculty Research Publications

When a petition is filed commencing a case under the Bankruptcy Code, the petition alone stays certain acts against the debtor, the debtor's property, or property of the bankruptcy estate. The Code has always provided that, absent favorable judicial action on an application to lift the stay, the automatic stay remains in effect with respect to an act against property of the estate until the property is no longer property of the estate, and with respect to any other act until the case is closed or dismissed or a discharge is granted or denied. But in the amendments to the …


The Peripatetic Debtor: Choice Of Law And Choice Of Exemptions, Laura B. Bartell Jan 2006

The Peripatetic Debtor: Choice Of Law And Choice Of Exemptions, Laura B. Bartell

Law Faculty Research Publications

No abstract provided.


The Lease Cap And Letters Of Credit: A Reply To Professor Dolan, Laura B. Bartell Oct 2003

The Lease Cap And Letters Of Credit: A Reply To Professor Dolan, Laura B. Bartell

Law Faculty Research Publications

In a recent article in The Banking Law Journal, Professor John Dolan argued that the limit on claims by lessors established in Section 502(b)(6) of the Bankruptcy Code precludes a lessor from recovering a greater amount under a standby letter of credit.' Therefore, he maintained, although the lessor may draw down a greater amount under the letter of credit in accordance with the independence principle, a trustee or debtor in possession may recover any amount so received in excess of the amount the lessor could have recovered directly from the lessee/debtor under the Code. Although his argument is firmly grounded …


The Implied Waiver Solution To The Problem Of Privilege In The Individual Bankruptcy Case, Laura B. Bartell Jan 2003

The Implied Waiver Solution To The Problem Of Privilege In The Individual Bankruptcy Case, Laura B. Bartell

Law Faculty Research Publications

No abstract provided.


Why Warn? – The Worker Adjustment And Retraining Notification Act In Bankruptcy, Laura B. Bartell Jan 2002

Why Warn? – The Worker Adjustment And Retraining Notification Act In Bankruptcy, Laura B. Bartell

Law Faculty Research Publications

The Worker Adjustment and Retraining Notification ("WARN") Ace was enacted by Congress in 1988 to provide limited protections to workers whose jobs are suddenly and permanently terminated. The WARN Act generally precludes an "employer" from ordering a "plant closing or mass layoff" until the expiration of a sixty-day period after giving written notice of such proposed action. Pursuant to legislative directive, the Department of Labor ("Department") promulgated a final rule in 1989 interpreting the provisions of the statutory language. Although neither the WARN Act itself nor the final rule makes any reference to bankrupt employers, in the preamble to the …


The Lease Of Money In Bankruptcy: Time For Consistency?, Laura B. Bartell Jan 2000

The Lease Of Money In Bankruptcy: Time For Consistency?, Laura B. Bartell

Law Faculty Research Publications

No abstract provided.