Bankruptcy Law Commons^™

The Outer Fringes Of Chapter 11: Nonconsenting Senior Lenders' Rights Under Subordination Agreements In Bankruptcy, David Kravitz

Michigan Law Review

This Note focuses on the options a senior creditor in Frugal's position may have when a reorganization plan provides for payments in violation of a subordination agreement that the creditor wishes to enforce. Part I explains the different types of subordination agreements and discusses their treatment under pre-Code bankruptcy law and under the Bankruptcy Code. Because of the dearth of case law regarding nonconsenting senior lenders and subordination agreements, Part II considers a question in a related area of bankruptcy law where more authority exists: whether a reorganization plan may release a nonbankrupt guarantor from its obligations under the guaranty …

The Voidability Of Actions Taken In Violation Of The Automatic Stay: Application Of The Information-Forcing Paradigm, Robert R. Niccolini

Vanderbilt Law Review

The automatic stay' is undeniably one of the most important elements of the bankruptcy process. In fact, the expansion of the stay was one of the major changes that the 1978 Bankruptcy Reform Act initiated. Despite the integral nature of the automatic stay, however, courts have yet to reach a consensus regarding the conceptualization and subsequent effect of actions taken in violation of the stay. Presently, a substantial majority of the circuits hold that such actions are void "ab initio" and of no legal effect. A small but significant number of courts, however, decline to follow the majority rule. These …

The Non-Traceable 7501 Tax Trust And Bankruptcy Superpriority, Wayne Rodney

Cardozo Law Review

No abstract provided.

Conversion From Chapter 13 To Chapter 7 Of The Bankruptcy Code: What Constitutes Property Of The Post-Conversion Estate?, David A. Hardy

BYU Law Review

No abstract provided.

Strange Visions In A Strange World: A Reply To Professors Bradley And Rosenzweig, Lynn M. Lopucki

Michigan Law Review

Much about chapter 11 is in need of improvement. But, as is so often the case, the resonant themes are not the right ones. All three legs of Bradley and Rosenzweig's argument for repeal are seriously flawed. The heart of their empirical argument is their claim to have shown that financially stronger companies reorganizing under chapter 11 have been paying less to both their creditors and their shareholders than did weaker companies reorganizing under prior law. In Part I below, I present several more plausible explanations for the stock and bond price phenomena they observed. In all likelihood, their data …

Bankruptcy And Subleases: The Depravity Of Privity, Rhonda S. Berliner

Cardozo Law Review

No abstract provided.

Johnson V. Home State Bank: Seven Plus Thirteen Can Equal Twenty, Lance Jones

Mercer Law Review

In Johnson v. Home State Bank (In re Johnson), the United States Supreme Court approved -the property-saving strategy of filing under Chapter 72 of the Bankruptcy Code, immediately followed by a filing under Chapter 13, the so-called "Chapter 20." The Court held that a mortgage lien that survived the discharge of the debtor's personal obligations in Chapter 7 is a "claim" for purposes of 11 U.S.C. § 101(5), and thus may be included by the debtor in a subsequent Chapter 13 plan.

Chapter 20 procedures typically follow a similar pattern. A debtor defaults on loan payments, including a …

Bankruptcy, W. Homer Drake Jr., James W. Dilz

Mercer Law Review

During 1991, the United States Court of Appeals for the Eleventh Circuit decided eighteen cases arising under or related to the Bankruptcy Code. These cases can be classified under the general headings of: Jurisdiction, preferences, claims against' the estate, discharge and dischargeability, substantive consolidation, and attorney fees. This Article is a survey of each of the decisions rendered by the Eleventh Circuit in 1991.

The Use Of Advance Fee Attorney Retainer Agreements In Bankruptcy: Another Special Law For Lawyers?, Lester Brickman, Jonathan Klein

Articles

From the time that the first lawyers set foot in what is now the United States, society has engaged in efforts to regulate lawyers' fees, including fees received from clients in bankruptcy proceedings. Lawyers, in turn, have been engaged in continuing efforts to: secure their self-interests, aggrandize their role in society, be free of societally imposed constraints on their fees and activities, and carve out an ever larger area of exclusive domain. Although lawyers have not fared as well in their recent efforts to extend the scope of their monopoly by the use of statutes that prohibit the unauthorized practice …

The Trustee’S Strong Arm Power Under The Bankruptcy Code, David G. Carlson

Articles

No abstract provided.

In Re Chateaugay Corp.: An Analysis Of The Interaction Between The Bankruptcy Code And Cercla, Thomas L. Stockard

Brigham Young University Journal of Public Law

No abstract provided.

Down Bankruptcy Lane, John D. Ayer

Michigan Law Review

A Review of Strategic Bankruptcy: How Corporations and Creditors Use Chapter 11 to Their Advantage by Kevin J. Delaney and Corporate Welfare by Laurence H. Kallen and A Feast for Lawyers/Inside Chapter 11: An Exposé by Sol Stein

The Commercial Real Estate Landlord's Rights To Receive Post-Petition Rental Payments Under Section 365(D)(3) Of The Bankruptcy Code, C. Alan Gauldin

University of Arkansas at Little Rock Law Review

No abstract provided.

The Commercial Real Estate Landlord's Rights To Receive Post-Petition Rental Payments Under Section 365(D)(3) Of The Bankruptcy Code, C. Alan Gauldin

University of Arkansas at Little Rock Law Review

No abstract provided.

The Road To Repose: Limitations On Avoidance Actions In Chapter 11 Via 11 U.S.C. § 546(A)(2), Paul David Brusiloff

Cardozo Law Review

No abstract provided.

Taking Interest In A Cure: Compensation For Time Value Of Chapter 13 Residential Mortgage Arrears, Jonathan S. Fields

Cardozo Law Review

No abstract provided.

The Asbestos Claims Management Act Of 1991: A Proposal To The United States Congress, Lester Brickman

Cardozo Law Review

No abstract provided.

Case Comments: Bankruptcy Law

Washington and Lee Law Review

No abstract provided.

Value And Rationality In Bankruptcy Decisionmaking, Donald R. Korobkin

William & Mary Law Review

No abstract provided.

Aviation Law And Regulation, Robert M. Hardaway, Paul Stephen Dempsey, William E. Thoms

Sturm College of Law: Faculty Scholarship

We sought to write a comprehensive reference book for aviation lawyers and practitioners, and airline and aircraft manufactuing executives in need of vital information regarding law and government regulation in the field of commercial and general aviation. We envision this book as an aid for the neophyte and experienced practitioner alike.

Offensive Uses Of The Bankruptcy Stay, Daniel Keating

Vanderbilt Law Review

One of the most significant features of the 1978 Bankruptcy Reform Act was markedly broadened versions of the automatic and postdischarge stays. If bankruptcy is the refuge for the honest but unfortunate debtor,' then the stay is the specific tool that makes the refuge meaningful. Indeed, more than one court has characterized the stay as a shield that gives the corporate debtor an opportunity to reorganize and affords the individual debtor a chance for the proverbial fresh start. Even courts mindful of the debtor-protection function of the stay, however, are careful to note that the debtor should use the stay …

Airlines, Airports And Antitrust: A Proposed Strategy For Enhanced Competition, Robert M. Hardaway, Paul Stephen Dempsey

Sturm College of Law: Faculty Scholarship

Most of this country's major airports are monopolies or duopolies at which one or two dominant carriers control a high percentage of terminal facilities. Airlines have used this market power to raise fares on flights originating and terminating at such airports. Although this power has been gained in part through the process of buy-outs and mergers in the airline industry itself, it has also been gained through actions taken in concert with airport authorities, such as when agreements are entered into that effectively limit the availability of airport facilities to new entrants and other competitors. Airlines, by virtue of rights …

Corcoran V. Ardra: The Impact Of Insolvency On International Reinsurance Arbitration, 25 J. Marshall L. Rev. 527 (1992), John S. Diaconis

UIC Law Review

No abstract provided.

What Do You Mean My Partnership Has Been Petitioned Into Bankruptcy?, Karen E. Blaney

Fordham Urban Law Journal

Bankruptcy law regarding partnerships differs from the law pertaining to individuals and corporations. Only a partnership can be involuntarily petitioned into bankruptcy by individuals within the organization. Involuntary petitions can be used by general partners as bargaining chips, and may encourage partners who can personally benefit from filing to do so, even if the act would be detrimental to the partnership. Under present bankruptcy law, an involuntary petition may be commenced against a partnership by fewer than all of the general partners in such partnership. In comparison to prior bankruptcy provisions governing a partner's involuntary petition against the partnership, the …

Expanding The Reach Of The Bankruptcy Code's Automatic Stay Exception: City Of New York V. Exxon, Mark D. Chiacchiere

Villanova Environmental Law Journal (1991 - )

No abstract provided.

"Reasonable Expectations" Define Board Power To Liquidate A Solvent Close Corporation In Bankruptcy, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

This Article will argue that, in the absence of contrary provisions in the articles of incorporation, the power of the board of directors of a solvent close corporation to file a voluntary petition for liquidation in bankruptcy must be determined by the theory of “reasonable expectations.” This doctrine not only addresses wrongdoing by those in control, but also defines the power and rights of close corporation participants. Part II briefly considers the uses of bankruptcy in recent years and comments on the peculiar occasion of a solvent corporation deciding to liquidate in bankruptcy. Part III summarizes the facts and identifies …

A Review Of The Maryland Construction Trust Statute Decisions In The Court Of Appeals Of Maryland And The United States Bankruptcy Court For The District Of Maryland, David F. Albright Jr.

University of Baltimore Law Review

No abstract provided.

Bankruptcy Law - Third Circuit Applies Section 1110 Of Bankruptcy Code To Sale-Leaseback Transactions, Sherri L. Albert

Villanova Law Review (1956 - )

No abstract provided.

Why Have Chapter 11 Bankruptcies Failed So Miserably? A Reappraisal Of Congressional Attempts To Protect A Corporation's Net Operating Losses After Bankruptcy, Michelle A. Cecil

Faculty Publications

This Article will first outline the history of judicial and statutory limitations on the free transferability of net operating losses, highlighting congressional attempts to afford more favorable treatment to troubled corporations reorganizing in Title 11 proceedings. It will then examine the operation of section 382 of the 1986 Code, again focusing on those provisions designed to assist in the successful reorganization of these corporations, and will demonstrate the wholesale inability of these provisions to preserve the net operating losses of troubled corporations. Finally, the Article will propose an amendment to section 382 that would increase the likelihood that corporations will …

Bankruptcy Law - The Exemption Of Erisa-Qualified Plans From The Bankruptcy Estate, James A. Boyd Jr.

Villanova Law Review (1956 - )

No abstract provided.