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Bankruptcy Law Commons

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1985

Discipline
Institution
Keyword
Publication
Publication Type

Articles 31 - 43 of 43

Full-Text Articles in Bankruptcy Law

Troubled Times: The Farm Debtor Under The Amended Bankruptcy Code, Margaret Rosso Grossman Jan 1985

Troubled Times: The Farm Debtor Under The Amended Bankruptcy Code, Margaret Rosso Grossman

Oklahoma Law Review

No abstract provided.


Troubled Times: The Farm Debtor Under The Amended Bankruptcy Code, Margaret Rosso Grossman Jan 1985

Troubled Times: The Farm Debtor Under The Amended Bankruptcy Code, Margaret Rosso Grossman

Oklahoma Law Review

No abstract provided.


Bankcard's Revenge: A Critique Of The 1984 Consumer Credit Amendments To The Bankruptcy Code, Paul M. Black, Michael J. Herbert Jan 1985

Bankcard's Revenge: A Critique Of The 1984 Consumer Credit Amendments To The Bankruptcy Code, Paul M. Black, Michael J. Herbert

University of Richmond Law Review

Virtually from the enactment of the Bankruptcy Code in 1978, creditors attempted to roll back what they perceived to be the Code's undue bias toward bankrupts. The Code was branded a debtor's paradise practically beckoning borrowers to shed their debts painlessly and needlessly. It was certainly true that the number of bankruptcy filings rose substantially during the late 1970's and early 1980's, and that some creditors attributed at least some of this to the Code's presumed generosity. Whether the Code actually caused any of the increase in filings is, to put it mildly, controversial. Other factors, most significantly the general …


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.


Case Digest, Law Review Staff Jan 1985

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Duress is Available Defense in Mitigation of Charges of Illegally Transporting Aliens into the United States--Pollgreen v. Morris slip op. No. 84-5217 (11th Cir. Sept. 17, 1985).

Foreign Debtor not Compelled to File for Ancillary Proceeding under Bankruptcy Code; Court may grant Comity to Pending Foreign Bankruptcy Proceeding--Cunard SteamshipCo. Ltd. v. Salen Reefer Services A.B., 773 F.2d 452 (2d Cir.1985).

Forum Selection Clause in Contract between Two Sovereigns is not Waiver of Right to Remove--Proyecfin de Venezuela v. Banco Industrial de Venezuela, 760 F.2d 390 (2d Cir.1985).

Fifth Circuit Overrides Admiralty Rule and Invokes Provisions of Arbitration Treaty--Sedco, Inc. v. …


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.


Chapters 11 And 13 Of The Bankruptcy Code--Observations On Using Case Authority From One Of The Chapters In Proceedings Under The Other, David G. Epstein Jan 1985

Chapters 11 And 13 Of The Bankruptcy Code--Observations On Using Case Authority From One Of The Chapters In Proceedings Under The Other, David G. Epstein

Law Faculty Publications

This Article will focus on the relationship between Chapter 11 and Chapter 13 of the Bankruptcy Code. A number of issues are similar or identical in Chapter 11 and Chapter 13. Furthermore, much of the language of Chapter 13 mirrors that of Chapter 11. This Article explores whether courts should apply case law and concepts of one chapter when similar issues arise in proceedings under the other chapter. Parts II and III of this Article address basic similarities and differences between Chapters 11 and 13. Parts IV, V, and VI examine three issues governed by statutory language common to both …


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.


Collective Bargaining In Chapter 11 And Beyond, B. Glenn George Jan 1985

Collective Bargaining In Chapter 11 And Beyond, B. Glenn George

Faculty Publications

No abstract provided.