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Full-Text Articles in Bankruptcy Law

Liquidation Under The Chandler Act: Bankruptcy Practice And Procedure Is Changed By Act Of Congress Effective September 22, 1938, Leopold M. Stern Nov 1938

Liquidation Under The Chandler Act: Bankruptcy Practice And Procedure Is Changed By Act Of Congress Effective September 22, 1938, Leopold M. Stern

Washington Law Review

In 1938 Congress enacted the Chandler Bill, which became effective September 22, 1938. Its purpose, among other things, as explained by the House Judiciary Committee report, was to clarify certain of the definitions and to add desirable new definitions, to straighten out certain overlapping provisions, to increase efficiency in administration, to make clearer certain ambiguous provisions, to improve the procedural sections of the act, and in general to modernize and bring up to date the bankruptcy law of our country. Congress went somewhat further than a mere modernization of the existing statute. It expanded the law by adding chapters on …


Some Practical Aspects Of Section 77-B Of The Bankruptcy Act, Roger L. Shidler Apr 1937

Some Practical Aspects Of Section 77-B Of The Bankruptcy Act, Roger L. Shidler

Washington Law Review

Generally speaking, 77-B provides that a corporation which is insolvent or unable to meet its debts as they mature, may file a petition for reorganization under the provisions of the Amendment, and may propose a Plan of Reorganization. The Plan must include provisions modifying or altering the rights of creditors generally, or of any class of them, and may include provisions modifying or altering the rights of stockholders generally. To make the Plan effective, 66 2/3% of each class of creditors affected by the Plan must file acceptances of the Plan, and if the corporation is not insolvent, 51% of …


Provability Of Claims For Future Rent Or Damages Against The Trustee In Bankruptcy Or A Receiver Of An Insolvent Tenant Upon Abandonment Of The Leased Premises, Measure Of Damages In Federal Court Receiverships., Norman M. Littell Feb 1933

Provability Of Claims For Future Rent Or Damages Against The Trustee In Bankruptcy Or A Receiver Of An Insolvent Tenant Upon Abandonment Of The Leased Premises, Measure Of Damages In Federal Court Receiverships., Norman M. Littell

Washington Law Review

After publication of the article' appearing under the above title in the November issue of the Law Review, a decision was handed down by the United States District Court for the Western District of Washington, Northern Division, which justifies this supplemental note written at the request of the Law Review.


Provability Of Claims For Future Rent For Damages Against A Trustee In Bankruptcy Or A Receiver Of An Insolvent Tenant Upon Abandonment Of The Leased Premises, Measure Of Damages In Federal Court Receiverships, Norman M. Littell Nov 1932

Provability Of Claims For Future Rent For Damages Against A Trustee In Bankruptcy Or A Receiver Of An Insolvent Tenant Upon Abandonment Of The Leased Premises, Measure Of Damages In Federal Court Receiverships, Norman M. Littell

Washington Law Review

The large number of insolvency proceedings during the present economic period throws into relief two legal problems of vital importance to the landlord and the general creditors of the tenant. May the landlord prove a claim against the insolvent tenant's estate for the loss of future rent, or for damages due to the abandonment of the lease upon the insolvency of the tenant, and if such a claim is provable, what is the measure of damages? These problems are acute because of the present extreme deflation in rental values where the involvent's lease has an unexpired term of many years …


Suspension Of State Insolvency Laws By Operation Of The Federal Bankruptcy Act, Arthur Grunbaum Jun 1932

Suspension Of State Insolvency Laws By Operation Of The Federal Bankruptcy Act, Arthur Grunbaum

Washington Law Review

The Supreme Court of Washington in the recent decision of Armour & Co. v. Becker et al., has again raised a question mooted since 1819, as to the effect of the existence of a Federal Bankruptcy Act on the operation of a State Insolvency Law. Under present conditions, the problem of the availability of liquidating devices becomes peculiarly important, and warrants an analysis of the existing law on the subject. In the instant case, the plaintiff sought to recover the sum of $293.14 for goods and merchandise delivered to defendant, who was running a meat market and purchased goods until …


The "Trust Fund" Theory: A Study In Psychology, Hyman Zettler Oct 1925

The "Trust Fund" Theory: A Study In Psychology, Hyman Zettler

Washington Law Review

The trust fund doctrine was one of the most interesting judicial creations of the last half of the nineteenth century. It performed and still performs a very useful function, but it has suffered much from its unfortunate name. In some jurisdictions the result has been an undue curtailment of its functions; in others, an undue extension of them. The doctrine has apparently come in for its most extensive application in our own jurisdiction. Indeed, it is here reaching out for new fields. It is, therefore, important for us to know the real scope of the theory and whether it should …