Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Environmental Law (4)
- Property Law and Real Estate (4)
- Antitrust and Trade Regulation (3)
- Banking and Finance Law (3)
- Business Organizations Law (3)
-
- International Trade Law (3)
- Transportation Law (3)
- Commercial Law (2)
- Criminal Law (2)
- Criminal Procedure (2)
- Law and Economics (2)
- Tax Law (2)
- Administrative Law (1)
- Civil Law (1)
- Civil Procedure (1)
- Comparative and Foreign Law (1)
- Contracts (1)
- Courts (1)
- Dispute Resolution and Arbitration (1)
- Estates and Trusts (1)
- Health Law and Policy (1)
- Insurance Law (1)
- International Law (1)
- Juvenile Law (1)
- Legal Biography (1)
- Legal Ethics and Professional Responsibility (1)
- Legal Profession (1)
- Legal Remedies (1)
- Institution
-
- Yeshiva University, Cardozo School of Law (10)
- Maurer School of Law: Indiana University (3)
- University of Michigan Law School (3)
- University of Richmond (3)
- Villanova University Charles Widger School of Law (3)
-
- Brigham Young University Law School (2)
- Mercer University School of Law (2)
- University of Arkansas Little Rock (2)
- University of Denver (2)
- Vanderbilt University Law School (2)
- Fordham Law School (1)
- Pace University (1)
- St. Mary's University (1)
- Suffolk University (1)
- UIC School of Law (1)
- University of Baltimore Law (1)
- University of Kentucky (1)
- University of Missouri School of Law (1)
- University of South Dakota (1)
- Washington and Lee University School of Law (1)
- West Virginia University (1)
- William & Mary Law School (1)
- Keyword
-
- Bankruptcy (8)
- Bankruptcy Law (5)
- Chapter 11 (4)
- Bankruptcy Code (3)
- Corporations (3)
-
- Creditors (3)
- Bankruptcy reorganization (2)
- Bankruptcy; Section 365(d)(3) of the Bankruptcy Code; landlord's rights; trustee assumption or rejection of commercial lease; "Shopping Center Amendments"; commercial real estate; (2)
- Liability for hazardous substances pollution damages (2)
- Sturm College of Law (2)
- 7th Circuit Court of Appeals (1)
- A Tribute To A.L. Philpott (1)
- Administrative law (1)
- Airline industry (1)
- Airline industry concentration (1)
- Analytical method (1)
- Annual Survey of Virginia Law Articles (1)
- Anti-alienation (1)
- Antitrust law (1)
- Antitrust regulation (1)
- Automatic stays in bankruptcy (1)
- Aviation law (1)
- Bankruptcy cases (1)
- Bankruptcy code (1)
- Bankruptcy decisions (1)
- Bankruptcy estate property (1)
- Bankruptcy litigation (1)
- Bankruptcy policy (1)
- Bargain (1)
- Bargaining (1)
- Publication
-
- Cardozo Law Review (5)
- Articles (4)
- Michigan Law Review (3)
- Articles by Maurer Faculty (2)
- Faculty Publications (2)
-
- Mercer Law Review (2)
- Sturm College of Law: Faculty Scholarship (2)
- University of Arkansas at Little Rock Law Review (2)
- University of Richmond Law Review (2)
- Vanderbilt Law Review (2)
- Villanova Law Review (1956 - ) (2)
- BYU Law Review (1)
- Brigham Young University Journal of Public Law (1)
- Cardozo Journal of International and Comparative Law (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Articles (1)
- Fordham Urban Law Journal (1)
- Indiana Law Journal (1)
- Law Faculty Publications (1)
- Law Faculty Scholarly Articles (1)
- Suffolk University Law School Faculty Works (1)
- UIC Law Review (1)
- University of Baltimore Law Review (1)
- Villanova Environmental Law Journal (1991 - ) (1)
- Washington and Lee Law Review (1)
- West Virginia Law Review (1)
- William & Mary Law Review (1)
- Publication Type
Articles 31 - 44 of 44
Full-Text Articles in Bankruptcy Law
Erisa: Anti-Alienation Superiority In Bankruptcy, George Lee Flint Jr.
Erisa: Anti-Alienation Superiority In Bankruptcy, George Lee Flint Jr.
West Virginia Law Review
No abstract provided.
Running The Asylum: Governance Problems In Bankruptcy Reorganizations, Christopher W. Frost
Running The Asylum: Governance Problems In Bankruptcy Reorganizations, Christopher W. Frost
Law Faculty Scholarly Articles
Like much of life, the study of bankruptcy is the study of leverage. Chapter 11 of the United States Bankruptcy Code may be appropriately described as providing a framework within which interested parties may negotiate solutions to the problems facing a troubled company. The allocation of leverage to the negotiating parties is critical to the ultimate outcome of the process. In any negotiation setting control over the bargaining process is a key item of leverage. This Article proposes a framework for analysis and suggests solutions to the problem of control over corporations during the pendency of a Chapter 11 reorganization …
Annual Survey Of Virginia Law: Bankruptcy Law, Michael A. Condyles
Annual Survey Of Virginia Law: Bankruptcy Law, Michael A. Condyles
University of Richmond Law Review
This survey article reviews and analyzes legislative and judicial developments that have occurred in bankruptcy law between April, 1991 and April, 1992. The article is intended to alert the general practitioner to significant recent developments in the bankruptcy area. Legislative changes made to Virginia statutory law and federal bankruptcy decisions issued within the Fourth Circuit are the focus of this article.
Erisa: Anti-Alienation Superiority In Bankruptcy, George Lee Flint Jr
Erisa: Anti-Alienation Superiority In Bankruptcy, George Lee Flint Jr
Faculty Articles
Both ERISA and the Bankruptcy Code consider the issue of debtor-participant’s interest in certain pension trusts when an action has been undertaken against the bankrupt debtor participant’s estate. Many jurisdictions have offered conflicting views on the handling of the interest. These conflicts create litigious interpretation and choice of law problems and place plan administrators at risk for breach of fiduciary duty depending on jurisdictional interpretation. Paying-out a bankruptcy trustee’s turnover demand could affect the tax qualified status of the pension plan, thereby hurting all plan participants. ERISA’s preemption provision was drafted to create uniformity among the states in interpreting employee …
Legislation: Congressional Initiatives: The Forgotten Constraint: Bankruptcy Legislation And The Uniformity Clause, Jonathan Van Patten
Legislation: Congressional Initiatives: The Forgotten Constraint: Bankruptcy Legislation And The Uniformity Clause, Jonathan Van Patten
Faculty Publications
No abstract provided.
Bankruptcy-Based Discrimination, Douglass G. Boshkoff
Bankruptcy-Based Discrimination, Douglass G. Boshkoff
Articles by Maurer Faculty
No abstract provided.
Environmental Impediments To Bankruptcy Reorganizations, James K. Mcbain
Environmental Impediments To Bankruptcy Reorganizations, James K. Mcbain
Indiana Law Journal
No abstract provided.
Postpetition Lending Under Section 364: Issues Regarding The Gap Period And Financing For Prepackaged Plans, David G. Epstein
Postpetition Lending Under Section 364: Issues Regarding The Gap Period And Financing For Prepackaged Plans, David G. Epstein
Law Faculty Publications
If the priorities provided by section 364(c) are insufficient to entice potential lenders to provide sufficient :financing to a Chapter 11 debtor, the debtor may, with the court's approval, obtain credit by granting the lender a lien on property of the debtor that is senior to existing liens on such property (a "priming lien"). The granting of such a priming lien, however, is subject to several statutory conditions. First, as with section 364(c), the debtor must prove that it cannot obtain credit on any less intrusive basis (i.e., through the use of section 364(a), (b), or (c)). Second, the debtor …
The Flip Side Of Twist Cap: Letters Of Credit As Executory Contracts In Bankruptcy, Stephen M. Mcjohn
The Flip Side Of Twist Cap: Letters Of Credit As Executory Contracts In Bankruptcy, Stephen M. Mcjohn
Suffolk University Law School Faculty Works
This article analyzes the treatment of letters of credit as executory contracts in bankruptcy. Some courts had stated that the bankruptcy of the beneficiary terminates a letter of credit. This article concludes that decisions were incorrect in treating a letter of credit as an executory contract to provide financial accommodations to the beneficiary. A letter of credit is not a means to provide credit to the beneficiary: it is a means to provide credit to the applicant (and thereby allowing the applicant and beneficiary to avoid extending credit to each other). The issuer is not dependent on the credit risk …
Bankruptcy In The Seventh Circuit: 1991, Douglass Boshkoff
Bankruptcy In The Seventh Circuit: 1991, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Privatization And Economic Rights In Central Europe, Robert Jystad
Privatization And Economic Rights In Central Europe, Robert Jystad
Cardozo Journal of International and Comparative Law
The article advocates for the reevaluation and adaptation of economic rights in the context of Eastern Europe's transition from communism to market economies, particularly focusing on the challenges posed by privatization. It critiques the U.N.'s approach to full employment as overly idealistic and proposes a Rawlsian principle of fairness, emphasizing equality of opportunity and nondiscrimination, to guide economic reforms. The analysis examines legislative responses in Poland, Hungary, and the Czech and Slovak Federal Republic (CSFR), highlighting the tension between economic reform and social protections. The article concludes that the success of these transitions depends on addressing unfair asset distribution and …
Secured Creditors And Expenses Of Bankruptcy Administration, David G. Carlson
Secured Creditors And Expenses Of Bankruptcy Administration, David G. Carlson
Articles
In any complex bankruptcy proceeding one of the most poignant questions facing the parties and the court is who must pay the trustee's expenses. In addition to routine administrative costs, such expenses may include costs of disposing of estate assets, or, in reorganization proceedings, expenses necessary to preserve the assets and going-concern value of the debtor's business. In this Article, Professor David Gray Carlson undertakes a comprehensive examination of the law of bankruptcy expense allocation through the lens of Bankruptcy Code section 506(c), the trustee's principle tool for charging expenses to secured creditors. After a careful examination of priority and …
Bankruptcy Theory And The Creditors' Bargain, David G. Carlson
Bankruptcy Theory And The Creditors' Bargain, David G. Carlson
Articles
The article critiques the traditional "simple creditors' bargain" theory in bankruptcy law, arguing that it fails to align with libertarian principles due to its inability to justify bankruptcy discharges and its exclusion of debtors and non-creditors. It then explores an "expanded creditors' bargain," which attempts to address distributive aspects but ultimately falls short by excluding non-consensual creditors and failing to explain why contractual risk allocation is insufficient. The analysis highlights the theory's shortcomings in handling various creditor types and risks, questioning its validity in explaining bankruptcy law.