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Bankruptcy Law Commons

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Bankruptcy

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Institution
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Articles 1081 - 1110 of 1301

Full-Text Articles in Bankruptcy Law

Foreword, Frank R. Kennedy Jan 1989

Foreword, Frank R. Kennedy

Indiana Law Journal

Symposium: As We Forgive Our Debtors


Women In Bankruptcy And Beyond, Zipporah Batshaw Wiseman Jan 1989

Women In Bankruptcy And Beyond, Zipporah Batshaw Wiseman

Indiana Law Journal

Symposium: As We Forgive Our Debtors


As We Forgive Our Debtors In The Classroom, Douglass Boshkoff Jan 1989

As We Forgive Our Debtors In The Classroom, Douglass Boshkoff

Indiana Law Journal

Symposium: As We Forgive Our Debtors


A Sociological Perspective On Bankruptcy, Lisa J. Mcintyre Jan 1989

A Sociological Perspective On Bankruptcy, Lisa J. Mcintyre

Indiana Law Journal

Symposium: As We Forgive Our Debtors


The Malformed Mouse Meets The Libr: Secured And Restitutionary Claims To Commingled Funds, Harold R. Weinberg Jan 1989

The Malformed Mouse Meets The Libr: Secured And Restitutionary Claims To Commingled Funds, Harold R. Weinberg

Law Faculty Scholarly Articles

The "malformed mouse" is section 9-306(4)(d) of the Uniform Commercial Code. It provides a formula that determines the extent to which an insolvent debtor's commingled bank account contains funds subject to a security interest. A special entitlement is necessary because it is impossible to physically distinguish this collateral after commingling. The label malformed mouse is appropriate if one agrees with critics who have questioned the mouse's statutory architecture and underlying rationale. The image of an elusive creature is also apt. The mouse continues to elude understanding, although it has been part of the Code for many years and the subject …


Postpetition Interest Under The Bankruptcy Code, David Gray Carlson Jan 1989

Postpetition Interest Under The Bankruptcy Code, David Gray Carlson

University of Miami Law Review

No abstract provided.


Federal Oil Price Controls In Bankruptcy Cases: Government Claims For Repayment Of Illegal Overcharges Should Not Be Subordinated And “Penalties” Under 11 Usc §726(A)(4), Thomas A. Schweitzer Jan 1989

Federal Oil Price Controls In Bankruptcy Cases: Government Claims For Repayment Of Illegal Overcharges Should Not Be Subordinated And “Penalties” Under 11 Usc §726(A)(4), Thomas A. Schweitzer

Scholarly Works

No abstract provided.


Foreward, David G. Epstein Jan 1989

Foreward, David G. Epstein

Law Faculty Publications

The decision by the Board of Editors of the Mississippi College Law Review to publish a bankruptcy symposium issue is a timely one. In the boardrooms of American businesses and the kitchens of American families, more and more people are talking about bankruptcy; more and more people are deciding to file bankruptcy petitions. This increase in bankruptcy filings is in part attributable to world, national, and local economic changes, in part attributable to changes in business and society and in business and societal values, in part attributable to changes in the bankruptcy law.


Tax Payments: Are They Voidable Preferences In Low-Asset Bankruptcies?, Jodi S. Brodsky Nov 1988

Tax Payments: Are They Voidable Preferences In Low-Asset Bankruptcies?, Jodi S. Brodsky

Cardozo Law Review

No abstract provided.


Corporate Receiverships And Chapter 11 Reorganizations, Paula Whitney Bets Nov 1988

Corporate Receiverships And Chapter 11 Reorganizations, Paula Whitney Bets

Cardozo Law Review

No abstract provided.


Employee Theft And Erisa: A Proposed Amendment To Garnish Pension Benefits, Bonnie H. Rattner Nov 1988

Employee Theft And Erisa: A Proposed Amendment To Garnish Pension Benefits, Bonnie H. Rattner

Cardozo Law Review

No abstract provided.


The Inconsistent Treatment Of Secured Tax Claims In Liquidation And Reorganization Proceedings Under The Bankruptcy Code, Steven B. Levine Oct 1988

The Inconsistent Treatment Of Secured Tax Claims In Liquidation And Reorganization Proceedings Under The Bankruptcy Code, Steven B. Levine

Faculty Scholarship

There is general inconsistency and tension regarding the treatment of secured tax claims under the Bankruptcy Code. In order to resolve the ambiguity and tension in the Code, tax claims for the same periods should be treated alike regardless of whether one taxing authority has filed a notice of lien in the appropriate public records office or whether such claims are asserted in a reorganization or liquidation proceeding. Some of the rights and priorities associated with tax liens outside of bankruptcy must be limited so as not to harm 2 basic goals of the reorganization process. These are: 1. equitable …


Durrett Data: Shucking The Husks From The Grain, Robert M. Zinman Feb 1988

Durrett Data: Shucking The Husks From The Grain, Robert M. Zinman

Cardozo Law Review

No abstract provided.


Comparison Of Japanese And American Bankruptcy Law, Brooke Schumm Iii Jan 1988

Comparison Of Japanese And American Bankruptcy Law, Brooke Schumm Iii

Michigan Journal of International Law

The outline and direction of this article are arranged approximately in the order of provisions under the U.S. Bankruptcy Code. The article focuses on Japanese reorganization proceedings, but necessarily discusses Japanese bankruptcy provisions at length. First, eligibility and types of proceedings are discussed. Second, commencement details and administrative provisions, including the "automatic stay" and assumption and rejection of leases and contracts are presented. Third, the debtor's duties and the handling of claims are reviewed. Fourth, liquidations are compared. Fifth, confirmation and reorganization are explored in detail. Last, a comparison of bankruptcy provisions for individuals concludes the article.


The Risks Of Insider Guaranties, Douglass G. Boshkoff Jan 1988

The Risks Of Insider Guaranties, Douglass G. Boshkoff

Articles by Maurer Faculty

Loan payments made within a year of a bankruptcy filing could be considered avoidable preferences if the loan were guaranteed by a corporate insider. In this article, Prof Boshkoff argues that bankers should value insider guaranties only as a second source of payment, not for any subtle pressure they may exert on the borrower.


A Critical Analysis Of Bankruptcy Code Section 707(B), Wayne R. Wells, Janell M. Kurtz Jan 1988

A Critical Analysis Of Bankruptcy Code Section 707(B), Wayne R. Wells, Janell M. Kurtz

Cleveland State Law Review

In response to criticism by the credit industry and the dramatic rise in the amount of consumer bankruptcy filings, a number of provisions relating to consumer credit, often referred to as the "Consumer Credit Amendments," were included in the Bankruptcy Amendments and Federal Judgeship Act of 1984....Section 707(b)9 is one of the most significant changes included in the Consumer Credit Amendments. This entirely new provision allows bankruptcy courts to dismiss a Chapter 7 petition for substantial abuse when the case is filed by an individual debtor whose debts are primarily consumer debts. The purpose of the Consumer Credit Amendments is …


11 U.S.C. § 505: Does It Allow The Bankruptcy Court To Determine A Third Party's Tax Liability?, Karen Skeens Jan 1988

11 U.S.C. § 505: Does It Allow The Bankruptcy Court To Determine A Third Party's Tax Liability?, Karen Skeens

Kentucky Law Journal

No abstract provided.


Bankruptcy - A Debtor Under Reorganization Pursuant To Chapter 11 Of The Bankruptcy Code Cannot Designate The Allocation Of Its Priority Tax Liabilities, Richard Silpe Jan 1988

Bankruptcy - A Debtor Under Reorganization Pursuant To Chapter 11 Of The Bankruptcy Code Cannot Designate The Allocation Of Its Priority Tax Liabilities, Richard Silpe

Villanova Law Review (1956 - )

No abstract provided.


Data On The Durrett Controversy, Philip Shuchman Dec 1987

Data On The Durrett Controversy, Philip Shuchman

Cardozo Law Review

No abstract provided.


Involuntary Fraudulent Transfers, Frank R. Kennedy Dec 1987

Involuntary Fraudulent Transfers, Frank R. Kennedy

Cardozo Law Review

No abstract provided.


Intragroup (Upstream, Cross-Stream, And Downstream) Guaranties Under The Uniform Fraudulent Transfer Act, Phillip I. Blumberg Dec 1987

Intragroup (Upstream, Cross-Stream, And Downstream) Guaranties Under The Uniform Fraudulent Transfer Act, Phillip I. Blumberg

Cardozo Law Review

No abstract provided.


Confusion In Policy And Language In The Uniform Fraudulent Transfer Act, Paul M. Shupack Dec 1987

Confusion In Policy And Language In The Uniform Fraudulent Transfer Act, Paul M. Shupack

Cardozo Law Review

No abstract provided.


Is Fraudulent Conveyance Law Efficient?, David G. Carlson Dec 1987

Is Fraudulent Conveyance Law Efficient?, David G. Carlson

Cardozo Law Review

No abstract provided.


When Enough Is Too Much: Overcollateralization As A Fraudulent Conveyance, Richard J. Sabella Dec 1987

When Enough Is Too Much: Overcollateralization As A Fraudulent Conveyance, Richard J. Sabella

Cardozo Law Review

No abstract provided.


The Impact Of Fraudulent Conveyance Law On Future Advances Supported By Upstream Guaranties And Security Interests, Steven L. Schwarcz Dec 1987

The Impact Of Fraudulent Conveyance Law On Future Advances Supported By Upstream Guaranties And Security Interests, Steven L. Schwarcz

Cardozo Law Review

No abstract provided.


Selling Out Undersecured Creditors: "Value" Under Section 363(F) Of The Bankruptcy Code, Steven M. Shishko Aug 1987

Selling Out Undersecured Creditors: "Value" Under Section 363(F) Of The Bankruptcy Code, Steven M. Shishko

Cardozo Law Review

No abstract provided.


Simulating Dynamics: Using Role-Playing To Teach The Process Of Bankruptcy Reorganization, Patricia Brumfield Fry Jun 1987

Simulating Dynamics: Using Role-Playing To Teach The Process Of Bankruptcy Reorganization, Patricia Brumfield Fry

Journal of Legal Education

No abstract provided.


Maintenance Of Market Strategies In Futures Broker Insolvencies: Futures Position Transfers From Troubled Firms, Andrea M. Corcoran, Susan C. Ervin Jun 1987

Maintenance Of Market Strategies In Futures Broker Insolvencies: Futures Position Transfers From Troubled Firms, Andrea M. Corcoran, Susan C. Ervin

Washington and Lee Law Review

No abstract provided.


Proceeds In Bankruptcy: United Virginia Bank V. Slab Fork Coal Company, Jeffery L. Tarkenton Apr 1987

Proceeds In Bankruptcy: United Virginia Bank V. Slab Fork Coal Company, Jeffery L. Tarkenton

West Virginia Law Review

No abstract provided.


Successor Liability In Bankruptcy: Some Unifying Themes Of Intertemporal Creditor Priorities Created By Running Covenants, Products Liability, And Toxic-Waste Cleanup, David G. Carlson Apr 1987

Successor Liability In Bankruptcy: Some Unifying Themes Of Intertemporal Creditor Priorities Created By Running Covenants, Products Liability, And Toxic-Waste Cleanup, David G. Carlson

Articles

No abstract provided.