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Articles 31 - 52 of 52
Full-Text Articles in Bankruptcy Law
Interactions Between Bankruptcy Law And State Law: What Illinois Judges Need To Know, Steven H. Resincoff
Interactions Between Bankruptcy Law And State Law: What Illinois Judges Need To Know, Steven H. Resincoff
Loyola University Chicago Law Journal
No abstract provided.
Shareholder Control Rights In Bankruptcy: Disassembling The Withering Mirage Of Corporate Democracy, Thomas G. Kelch
Shareholder Control Rights In Bankruptcy: Disassembling The Withering Mirage Of Corporate Democracy, Thomas G. Kelch
Maryland Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Fishing In Muddy Waters: Clarifying The Common Pool Analogy As Applied To The Standard For Commencement Of A Bankruptcy Case, Susan Block-Lieb
Fishing In Muddy Waters: Clarifying The Common Pool Analogy As Applied To The Standard For Commencement Of A Bankruptcy Case, Susan Block-Lieb
American University Law Review
No abstract provided.
Patterns In The Bankruptcy Reorganization Of Large Publicly Held Companies, Lynn M. Lopucki, William C. Whitford
Patterns In The Bankruptcy Reorganization Of Large Publicly Held Companies, Lynn M. Lopucki, William C. Whitford
UF Law Faculty Publications
Several recent articles contend that Chapter of the Bankruptcy Code does not provide efficient procedures for redressing the financial distress of large firms. The authors of these articles argue that the creditors of a financially distressed firm would fare better if the corporation's problems were resolved in some other way. The argument has proceeded principally on a theoretical level, since it is virtually impossible to know for certain how firms that have been in Chapter 11 would have fared under a different procedure. We recently completed an extensive empirical study of forty-three Chapter 11 cases involving large, publicly held firms. …
Corporate Governance In The Bankruptcy Reorganization Of Large, Publicly Held Companies, Lynn M. Lopucki, William C. Whitford
Corporate Governance In The Bankruptcy Reorganization Of Large, Publicly Held Companies, Lynn M. Lopucki, William C. Whitford
UF Law Faculty Publications
Part I of this Article describes the context in which the issues of corporate governance typically arise and the common sources of conflict among management, shareholders, and creditors. We also review other studies which bear on the corporate governance issues we address. Part II describes the sources of management power and the means by which that power is limited or controlled by various constituencies. In Part III, we examine the uses managements made of their power. We attempt to assess how much power managements had and for whose benefit they applied it. In Parts II and III, our discussion is …
The Trouble With Chapter 11, Lynn M. Lopucki
The Trouble With Chapter 11, Lynn M. Lopucki
UF Law Faculty Publications
The length of time companies remain in bankruptcy reorganization is critically important. During that time, the business is at risk because management incentives are inappropriate, professional fees accrue at a rapid rate, and business uncertainties increase. Creditors may be injured because the reorganizing debtor does not make payments during the case and because some creditors are not entitled to accrue interest during the pendency of the case. In this Article, Professor LoPucki presents data from several studies showing approximately a 150% increase from 1964 to 1987 in the median time companies spend in Chapter 11. Using data from other studies, …
The Attack On Chapter 11, Douglass G. Boshkoff
The Attack On Chapter 11, Douglass G. Boshkoff
Articles by Maurer Faculty
No abstract provided.
Bankruptcy In The Seventh Circuit: 1992, Douglass Boshkoff
Bankruptcy In The Seventh Circuit: 1992, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.
Setoff And Bankruptcy, Lawrence Kalevitch
Setoff And Bankruptcy, Lawrence Kalevitch
Cleveland State Law Review
The code treats liens and setoffs as secured claims. A lienor under §506 receives a secured claim in the face amount of the debt secured only if the collateral has at least that value. Section 506(a) requires collateral valuation to determine the amount of the secured claim. Setoff in the face amount of a creditor's claim likewise requires valuation. Part II discusses §506(a) and §553 and how they may limit, in appropriate cases, the setoff right to less than the face amount of a creditor's claim. Part II shows that this reading of the Bankruptcy Code is not only consistent …
The Bifurcation Of Undersecured Residential Mortgages Under Sec. 1322(B)(2) Of The Bankruptcy Code: The Final Resolution, Veryl Victoria Miles
The Bifurcation Of Undersecured Residential Mortgages Under Sec. 1322(B)(2) Of The Bankruptcy Code: The Final Resolution, Veryl Victoria Miles
Scholarly Articles
In August of 1992 the Fifth Circuit Court of Appeals, in its decision in Nobleman v. American Savings Bank (In re Nobleman), interpreted § 1322(b)(2) of the Code as prohibiting the bifurcation of a claim secured only by a lien against a debtor's principal residence. This decision is contrary to the position taken previously by the Courts of Appeals for the Second, Third, Ninth and Tenth Circuits on the same question. On December 7, 1992 the Supreme Court granted a petition for certiorari, filed by the debtor in Nobleman, to resolve the split now existing among the courts of appeals. …
Dewsnup V. Timm And Nobelman V. American Savings Bank: The Strip Down Of Liens In Chapter 12 And Chapter 13 Bankruptcies, William E. Callahan, Jr.
Dewsnup V. Timm And Nobelman V. American Savings Bank: The Strip Down Of Liens In Chapter 12 And Chapter 13 Bankruptcies, William E. Callahan, Jr.
Washington and Lee Law Review
No abstract provided.
Case Comments B. Bankruptcy Willis V. Celotex Corp
Case Comments B. Bankruptcy Willis V. Celotex Corp
Washington and Lee Law Review
No abstract provided.
Bankruptcy: The Sale Of Property Under Section 363: The Validity Of Sales Conducted Without Proper Notice, Philip A. Schovanec
Bankruptcy: The Sale Of Property Under Section 363: The Validity Of Sales Conducted Without Proper Notice, Philip A. Schovanec
Oklahoma Law Review
No abstract provided.
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 article is intended to advise the general practitioner of significant recent developments that have occurred in the bankruptcy area during the period April 1992 through April 1993. Virginia and federal decisions issued by the Court of Appeals for the Fourth Circuit involving bankruptcy related matters are the main focus of this article.
Bankruptcy—A Fraudulent Conveyance Action And A Lis Pendens May Create A Lien Which Survives A Bankruptcy Discharge. Clark V. Bank Of Bentonville., Mary Krikorian
University of Arkansas at Little Rock Law Review
No abstract provided.
In Re Chateaugay Corp.: An Argument For Legislative Intervention In The War Between Cercla And The Bankruptcy Code, Arnold E. Capriotti Jr.
In Re Chateaugay Corp.: An Argument For Legislative Intervention In The War Between Cercla And The Bankruptcy Code, Arnold E. Capriotti Jr.
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross
Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross
Scholarly Articles in Law Reviews & Journals
No abstract provided.
In Re Grabill Corporation: Another No For Jury Trials In The Bankruptcy Courts, William J. Delany
In Re Grabill Corporation: Another No For Jury Trials In The Bankruptcy Courts, William J. Delany
Villanova Law Review (1956 - )
No abstract provided.
Revising Article 9 To Reduce Wasteful Litigation, James J. White
Revising Article 9 To Reduce Wasteful Litigation, James J. White
Articles
For reasons that are unclear to me, the committees reviewing the articles of the Uniform Commercial Code and drafting revisions are congenitally conservative. Perhaps these committees take their charge too seriously, namely, to revise, not to revolutionize. Perhaps their intimate knowledge of the subject matter exaggerates the importance of each section and consequently magnifies the apparent size of every change. In any case, my own experience with two such committees tells me that the members quickly become focused on revisions and amendments that any outsider would describe as modest. To the extent that the revision of any of the articles …
Implications Of Bankruptcy On Alimony, Maintenance, And Support In The Second Circuit, Kenneth Charles Fieldston
Implications Of Bankruptcy On Alimony, Maintenance, And Support In The Second Circuit, Kenneth Charles Fieldston
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Clearer Conceptions Of Insider Preferences, Peter A. Alces
Clearer Conceptions Of Insider Preferences, Peter A. Alces
Faculty Publications
No abstract provided.