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Articles 31 - 41 of 41
Full-Text Articles in Bankruptcy Law
United States Judicial Assistance In Cross-Border Insolvencies, Douglass G. Boshkoff
United States Judicial Assistance In Cross-Border Insolvencies, Douglass G. Boshkoff
Articles by Maurer Faculty
No abstract provided.
Adequate Assurance Of Payment Under Section 366 Of The Bankruptcy Code: A Term For Interpretive Flexibility Or Judicial Confusion?, Veryl Victoria Miles
Adequate Assurance Of Payment Under Section 366 Of The Bankruptcy Code: A Term For Interpretive Flexibility Or Judicial Confusion?, Veryl Victoria Miles
Scholarly Articles
This article will focus on the interpretive struggle that the courts have encountered in making determinations of what constitutes adequate assurance of payment under section 366 and how this struggle might be eliminated so as to make compliance with the requirements of adequate assurance of payment less of a problem for the utility and bankrupt debtor. It is the thesis of this article that section 366 determinations of adequate assurance have resulted in interpretive confusion, leaving debtors and creditors with little guidance as to what criteria should be considered in negotiating an adequate assurance of payment. The recommended solution to …
China's New Bankruptcy Law: A Translation And Brief Introduction, Douglass G. Boshkoff, Yongxin Song
China's New Bankruptcy Law: A Translation And Brief Introduction, Douglass G. Boshkoff, Yongxin Song
Articles by Maurer Faculty
No abstract provided.
Defining Reasonably Equivalent Value Under Section 548(A) Of The Bankruptcy Code: Is Ristich The Answer?
Washington and Lee Law Review
No abstract provided.
Debtor Name Changes And Collateral Transfers Under 9-402(7): Drafting From The Outside-In, F. Stephen Knippenberg
Debtor Name Changes And Collateral Transfers Under 9-402(7): Drafting From The Outside-In, F. Stephen Knippenberg
Faculty Articles
No abstract provided.
Mediation In Debtor/Creditor Relationships, Edward A. Morse
Mediation In Debtor/Creditor Relationships, Edward A. Morse
University of Michigan Journal of Law Reform
Two states that have substantial interests in agricultural debtor/creditor relationships have attempted to limit the social and economic costs of prematurely terminating the debtor/creditor relationship. Iowa and Minnesota have adopted a statutory requirement that the creditor offer to submit to mediation prior to taking any debt collection action against an agricultural borrower. This Note argues that requiring creditors to offer mediation as a statutory prerequisite to debt collection is an effective means of reducing the social and economic costs of the premature termination of a debtor/creditor relationship in business contexts. Part I examines the conceptual foundations of the mediation process …
Taking From Farm Lenders And Farm Debtors: Chapter 12 Of The Bankruptcy Code, James J. White
Taking From Farm Lenders And Farm Debtors: Chapter 12 Of The Bankruptcy Code, James J. White
Articles
In passing Chapter 12 of the Bankruptcy Reform Act, Congress has effectively invalidated certain important provisions of existing farm mortgages. Equally significant, Congress has disabled farmers from granting binding mortgages on the full, value of their property. Although no court is likely to find the Chapter to violate the fifth amendment, the Chapter constitutes a substantial and retroactive alteration of the rights of existing mortgagees and a restriction on the powers of prospective mortgagors to grant valid mortgages. The thesis of this paper is that Congress was both wrong and shortsighted in its enactment of Chapter 12. Congress was wrong …
Maginot Line Defenses To A Preference Action? 11 U.S.C. § 547(C )(2) & (C )(4), Charles E. Reynolds
Maginot Line Defenses To A Preference Action? 11 U.S.C. § 547(C )(2) & (C )(4), Charles E. Reynolds
University of Richmond Law Review
Suppliers of goods and services on credit understand that the recipient may be unable to pay for some or all of the goods provided or the services rendered. However, many of these suppliers have a difficult time "giving back" money previously received from a debtor who has filed for protection under the United States Bankruptcy Code. Judicial interpretation of the broadly written bankruptcy law has made it difficult to defeat a preference action instituted by a trustee in bankruptcy or a debtor-in-possession. As a result, any supplier who has several transactions with a debtor during the preference period is particularly …
Understanding The New Family Farmer Bankruptcy Act, Bruce H. Matson
Understanding The New Family Farmer Bankruptcy Act, Bruce H. Matson
University of Richmond Law Review
In response to the crisis in the United States farm economy and the inability of farmers to obtain meaningful relief from either Chapter 11 or 13 of the Bankruptcy Code, Congress passed the Bankruptcy Judges, United States Trustees and Family Farmer Bankruptcy Act of 1986 (the "Act") in October of 1986. The Act includes a new chapter in the Bankruptcy Code-Chapter 12-exclusively for family farmers. This article outlines the substantive provisions of the new Chapter 12 and who may be eligible to take advantage of this new statute. In reviewing Chapter 12, the article attempts to show how concepts from …
Bankruptcy Valuation Under Selected Liquidation Provisions, Steven L. Pottle
Bankruptcy Valuation Under Selected Liquidation Provisions, Steven L. Pottle
Vanderbilt Law Review
Chapter 7 of the Bankruptcy Code' (the Code) serves a distributive function; it is designed to distribute equitably a debtor's assets from the bankruptcy estate to creditors. All nonexempt as-sets owned by a debtor at the time of filing a petition for bankruptcy become part of the bankruptcy estate and subsequently are distributed to creditors. Generally, debtor transactions prior to the filing escape the purview of Chapter 7. If, however, a debtor distributes assets during the applicable statutory period, giving preference to some creditors' or defrauding other creditors,' the Code empowers the bankruptcy trustee to avoid those transfers.After filing, a …
Philosophy In Bankruptcy, David G. Carlson
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.