Bankruptcy Law Commons^™

Bankruptcy Reform, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Gene Humphreys, W. Thomas Bunch, Thomas L. Canary, David M. Cantor, Tracey N. Wise, Meritt S. Dietz, Phillip M. Moloney, Jeffrey W. Morris, John S. Egan, Sandra D. Freeburger, Randy D. Shaw

Continuing Legal Education Materials

Presentation materials from the Bankruptcy Reform Course held by UK/CLE in December 1994.

The Rtc Intrusion Into Bankruptcy: A Crisis Solution At The Expense Of Equity?, Hope W. Olsson

Buffalo Law Review

No abstract provided.

The Value Of Obvious Empirical Results And The Omniscient Mr. Palans: Response To Mr. Palans' Comments, Theodore Eisenberg

Cornell Law Faculty Publications

Mr. Palans' comment raises one worthwhile question. Most of the rest of his rant is either off the subject or too shallow to warrant extended discussion. The useful question Mr. Palans raises is whether this research is of value. The article did not defend this mode of work; perhaps I am too immersed in it to always keep in mind the merits of discussing the question. So let me spell out its benefits here.

Bankruptcy—Excusable Neglect—Late Filings Of Bankruptcy Proofs Of Claims Are Not Limited To Those Beyond The Filer's Ability To Control. Pioneer Inv. Servs. Co. V. Brunswick Assoc. Ltd. Partnership, 113 S. Ct. 1489 (1993)., Sue Patton Mosley

University of Arkansas at Little Rock Law Review

No abstract provided.

Differing Perceptions Of Attorney Fees In Bankruptcy Cases, Theodore Eisenberg

Cornell Law Faculty Publications

Bfp V. Resolution Trust Corporation: Supreme Court Shifts Focus Onto State Law In Ruling On Mortgage Foreclosure Sales, Audy M. Perry Jr.

West Virginia Law Review

No abstract provided.

Table Of Contents - Cardozo Law Review, Volume 16, Issue 1

Cardozo Law Review

No abstract provided.

The New Rawlsian Theory Of Bankruptcy Ethics, Mary Josephine Newborn

Cardozo Law Review

Bankruptcy law was once considered a rather insular sub-specialty of commercial law. Bankruptcy scholars of an earlier time devoted their energies to drafting bankruptcy legislation, mastering its particulars, and systematizing the case law. When these scholars attempted to locate larger themes in bankruptcy, they labored with great deference to positive expressions of bankruptcy's purpose.

The Equal Access To Justice Act--Are The Bankruptcy Courts Less Equal Than Others?, Matthew J. Fischer

Michigan Law Review

This Note argues that the bankruptcy courts have authority under the BAJA to shift fees against the federal government. Part I discusses the relevant caselaw and examines the basis of the current controversy. Part II examines the statutory language, the legislative history, and the stated purposes of the BAJA and concludes that each of these aspects of the statute demonstrates a congressional intent to grant fee-shifting authority to the bankruptcy courts. Part III considers alternatives to finding bankruptcy court jurisdiction over BAJA disputes, rejecting each as inefficient and unnecessary. This Note concludes that courts should construe the BAJA consistently with …

The Treatment Of Net Rents In Bankruptcy-Adequate Protection, Payment Of Interest, Return Of Collateral, Or Reduction Of Debt, Craig H. Averch, Blake L. Berryman, Michael J. Collins

University of Miami Law Review

No abstract provided.

Bankruptcy, Lenity, And The Statutory Interpretation Of Cognate Civil And Criminal Statutes, Bruce A. Markell

Indiana Law Journal

No abstract provided.

Attorney's Fees In Chapter 11 Reorganization: A Case For Modified Procedures, Brenda Hacker Osborne

Indiana Law Journal

No abstract provided.

The Priority Of Postpetition Retainers, Carve-Outs, And Interim Compensation Under The Bankruptcy Code, Criag B. Cooper

Cardozo Law Review

Although attorneys are specifically granted an administrative expense priority pursuant to section 507(a)(1) of the Bankruptcy Code ("Code"), other creditors might have even higher priorities. Three such examples come to mind. First, if a secured creditor has been promised adequate protection of its collateral which subsequently fails, the secured party is given a higher priority under section 507(b). Second, a debtor-in-possession ("DIP") under the authority of section 364(c)(1) may grant to a postpetition lender a higher priority than the one provided in section 507(a)(1). Third, if a Chapter 11 case is converted to Chapter 7 the fate of 90 percent …

Table Of Contents - Cardozo Law Review, Volume 15, Issue 5

Cardozo Law Review

No abstract provided.

The Fallacies Of Contemporary Fraudulent Transfer Models As Applied To Intercorporate Guaranties: Fradulent Transfer Law As A Fuzzy System, Jack F. Williams

Cardozo Law Review

Fraudulent transfers and obligations are as varied as fish in the sea. Gifts by insolvents, bogus sales by a debtor to his or her relative, highly leveraged transactions, recapitalizations, real property foreclosures-none escapes the panoptic scrutiny of fraudulent transfer law. Some of these transfers have no legitimate business purpose and are easily condemned, while others are economically beneficial and are not so easily or confidently dispatched.

Adequate Protection Payments And The Surrender Of Cash Collateral In Chapter 11 Reorganization, David G. Carlson

Cardozo Law Review

The Bankruptcy Code is deeply confused about the metaphysics of the undersecured creditor. In general, it wants to stop the clock on creditor claims. Creditor claims are allowed as of the day of the bankruptcy petition; they may not grow over time. Thus, postpetition interest is forbidden, because this would admit that time exists. But, inconsistently, postpetition interest is allowed to oversecured creditors-though only to the extent of the equity cushion. Thus, time is not abolished for oversecured creditors. Yet every oversecured creditor is implicitly an undersecured creditor, and perhaps vice versa. That is to say, once an equity …

The Continuing Puzzle Of Collective Bargaining Agreements In Bankruptcy, Daniel Keating

William & Mary Law Review

No abstract provided.

Erisa Qualified Pension Plan Benefits As Property Of The Bankruptcy Estate: The Unanswered Questions After Patterson V. Shumate, Jack E. Karns

Campbell Law Review

To better understand the impact of Patterson, as well as future debates regarding conflict between state and federal law in the Bankruptcy Code, this article will review the underlying case law that set the stage for this judicial showdown. Part II specifically analyzes the competing case lines which excluded pension plan benefits from the bankruptcy estate. Part III briefly summarizes those cases which concluded that plan benefits must be included in the estate but may be subject to exemption under state or federal law. Part IV reviews the Patterson opinion in detail, as well as the issues and analysis …

Memorial Service, Judge Justin J. Mahoney, Roger J. Miner '56

Judges

No abstract provided.

Bankruptcy Judges, United States Trustees, And Family Farmer Bankruptcy Act Of 1986, Moussa Ismael Abojhanim

LLM Theses and Essays

The Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986, enacted as Public Law No. 99-554, introduced Chapter 12 to the Bankruptcy Code specifically aimed at providing debt relief to family farmers. This thesis explores providing debt relief to family farmers. It also explores the background leading to the enactment of Chapter 12, including the economic challenges faced by American family farmers in 1970s and 1980s. Additionally, it discusses the legislative history, congressional response, and the provisions of Chapter 12, noting its advantages over chapter 11 and 13 for family farmers in reorganizing their finances and maintaining …

Reorganization Realities, Methodological Realities, And The Paradigm Dominance Game, Lynn M. Lopucki

UF Law Faculty Publications

The comments I present here pertain to two subjects. The first is the Warren and Westbrook attack on "arm chair theorists' and the response of the Conferees to this attack. The second is the problem of sample selection and its relationship to regularized data gathering.

The Tax Consequences Of Abandonment Under The Bankruptcy Code, Jack F. Williams

Faculty Publications By Year

No abstract provided.

Conspiracy, Literalism, And Ennui At The Supreme Court: An Examination Of Bankruptcy Cases Decided From 1990- To 1993, Bruce A. Markell

Articles by Maurer Faculty

No abstract provided.

Debtor Protection At The Close Of The Twentieth Century, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Some Gloomy Thoughts Concerning Cross-Border Insolvencies, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Future Nonadvance Obligations: Preferences Lost In Metaphor, F. Stephen Knippenberg

Faculty Articles

No abstract provided.

Postpetition Lending Under Section 364: Current Issues - Incentives To Lenders To Provide Financing To Borrowers Who Are The Subject Of Bankruptcy Cases, David G. Epstein

Law Faculty Publications

A bankruptcy debtor is not viewed by most lenders as a desirable customer. Most lenders arc understandably reluctant to extend credit to such a borrower. This reluctance compounds the difficulties of a bankruptcy debtor. Without new financing, the cash needs of a debtor often will cause the debtor's assets to be liquidated, thereby foreclosing any hope of reorganization and defeating the rehabilitative purposes of the Bankruptcy Code. To counter the understandable reluctance of financial institutions to lend to bankruptcy debtors, section 364 of the Bankruptcy Code provides incentives to lenders to provide financing to borrowers who are the subject of …

Person Or Property? On The Legal Nature Of The Bankruptcy Estate, Stephen M. Mcjohn

Suffolk University Law School Faculty Works

This article addresses the legal nature of the bankruptcy estate: whether the bankruptcy estate is a collection of property interests, like the traditional conception of a decedent's estate, or whether the estate is the legal person in which such property interests vest, analogous to a corporation, a partnership, or an individual. The legal nature of the bankruptcy estate becomes most important when a corporation which files a chapter 11 petition becomes a debtor in possession. Suppose Acme Corporation files a chapter 11 bankruptcy petition and becomes a debtor in possession; Acme's property becomes the bankruptcy estate. What is Acme Corporation's …

Turning And Turning In The Widening Gyre: The Problem Of Potential Conflicts Of Interest In Bankruptcy, Nancy B. Rapoport

Scholarly Works

This article is the first in a series of articles discussing the problem of conflicts of interest in bankruptcy cases. It argues that the traditional means for discovering and handling conflicts of interest - based on state-law ethics rules - fundamentally misconceives the problem in a bankruptcy context. State law ethics rules presume that the parties are always in static positions; in bankruptcy law, alliances shift all the time. The article proposes a possible method of handling potential conflicts of interest in bankruptcy cases.

Continuity Of Business Requirements For N.O.L.S. In Bankruptcy: The Economic Effects Of 1.269-3(D), Terrence R. Chorvat

Cleveland State Law Review

This paper focuses on the use of carryforwards in a bankruptcy situation. In particular it examines the economic implications of Treasury Regulation § 1.269-3(d), which was finalized on January 6, 1992. This regulation creates a presumption that if the acquirer of a loss corporation does not continue the corporation's business, the transaction was consummated for tax avoidance purposes. Therefore under § 269, which limits use of NOLs after an acquisition, the loss corporation's NOLs cannot be used by the acquirer. This presumption, however, can be overcome by strong evidence that other motives controlled the decision.