Bankruptcy Law Commons^™

Bankruptcy As An Occasion For Restitutionary Claims, William F. Young Jr.

Vanderbilt Law Review

Whether we are concerned with claims against the estate or with voidable transfers, it is essential to note that the Bankruptcy Act makes the filing of a bankruptcy petition a decisive event: a transaction occurring after the filing is likely to have consequences far different from what would have ensued if it had occurred before. The date of filing is, indeed, one of the very meanings of the word "bankruptcy" as it appears in the act. This point of distinction must be observed in each part of the discussion that follows. In the main, Part II concerns restitutionary principles in …

Federal Tax Liens In Bankruptcy

Washington and Lee Law Review

No abstract provided.

Bankruptcy--Rights And Powers In Chapter Xiii, John T. Copenhaver Jr.

West Virginia Law Review

An understanding of the rights and powers of the various parties involved in a Chapter XIII proceeding is not easily had. The statutory language is somewhat windblown, sometimes confused and frequently ambiguous. Reported decisions in Chapter XIII cases are few. However, Chapter XI, dealing with arrangements, and Chapter XIII, dealing with wage earner plans, contain many identical or quite similar provisions, so that an interpretation of one of the chapters often has significance as authority for a like position under the other chapter. Where such is the case, reference will be made to cases decided under or a treatise on …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Robinson-Patman-Adoption of Physical Comparison Test To Determine "Like Grade or Quality"

================================

Antitrust--Tying Arrangement Held Unfair Method of Competition Under Section 5 of Federal Trade Commission Act Atlantic Refining Company agreed to promote

================================

Bankruptcy--Tax-Rights of a Trustee in Bankruptcy Against an Unrecorded Tax Lien

================================

Constitutional Law--Applicability of the Fourteenth Amendment to a Charitable Trust in Which a State Agency Was the Original Trustee

================================

Constitutional Law--Clandestine Surveillance of Public Toilet--Not an Unreasonable Search

================================

Criminal Law--Joint Trials--Admission of Confession Implicating Both Defendants Held Erroneous

=================================

Evidence--No Cross-Examination of Defendant's Character Witnesses as to His Prior Arrests and Conviction …

The Trustee And The N.L.R.B. - The Administration Of Labor Contracts In Straight Bankruptcy And Corporate Reorganization, S. Strother Smith Iii, Allan Zaleski

William & Mary Law Review

No abstract provided.

Creditor's Rights And Security Transactions -- 1964 Tennessee Survey, Forrest W. Lacey

Vanderbilt Law Review

The Bankruptcy Act gives the trustee, as of the date of bankruptcy,the rights of a lien creditor whether or not such creditors actually exist." Yet, the rights of such a lien creditor and his status relative to other conflicting interests are determined by state law. Under Tennessee law encumbrances on automobiles, other than liens dependent on possession, must be noted on the certificate of title to be valid against creditors, purchasers or encumbrancers in the absence of actual knowledge.' In the instant case, although the encumbrance was noted on the bill of sale, it was not noted on the title …

Abstracts Of Recent Cases, Ralph Judy Bean Jr.

West Virginia Law Review

No abstract provided.

Withholding Taxes On Wage Dividends For Pre-Bankruptcy Wages Assigned To Fourth Priority In Distribution Of Bankrupt's Estate-In Re Connecticut Motor Lines, Inc., Michigan Law Review

Michigan Law Review

Among claims against a bankrupt estate were those for unpaid wages and vacation pay earned within three months of the bankruptcy of the employer. The referee ordered distribution of the amount of the claims, assigning them second priority, but he refused to authorize deduction of income withholding tax and social security taxes from these payments as requested by the Government. The district court reversed, holding the trustee in bankruptcy liable for the taxes as a first priority administrative expense. On appeal, held, reversed. Taxes based on wage claims accruing prior to bankruptcy but paid during bankruptcy are section 64a(4) …

William 0. Douglas -- His Work In Policing Bankruptcy Proceedings, John W. Hopkirk

Vanderbilt Law Review

William 0. Douglas, while associated with the Securities and Exchange Commission during the mid-nineteen thirties, was responsible for a study of methods and procedures of corporate reorganization. By examining this area of Douglas' work, we can compare the position on corporate reorganization which the Justice developed as an administrative official for the New Deal with his later consideration of the same problems as a member of the Supreme Court of the United States. Through this comparison we can observe a number of basic attitudes which were manifested by Douglas both before and since he has joined the Court. Important among …

State Priority To Sales Tax Proceeds In Bankruptcy

Indiana Law Journal

No abstract provided.

A Survey Of The Fraudulent Conveyance In Bankruptcy, Paul J. Hartman

Vanderbilt Law Review

No debtor should be permitted to conceal or dispose of his property for the purpose of preventing his creditors from satisfying their legal claims. In ethical terms which have become classic, a debtor should be just to his creditors before he can rightfully be generous with his property for the benefit of others. The original and primary purpose of bankruptcy legislation has been, and continues to be, a just distribution of the bankrupt's property among his creditors.

To help effectuate the purpose of bankruptcy legislation, the fraudulent conveyance is of major importance in three distinct respects. In the first place, …

Abstracts Of Recent Cases, Boyd Lee Warner Ii

West Virginia Law Review

No abstract provided.

False Financial Statements And Bankruptcy Discharges

Washington and Lee Law Review

No abstract provided.

Abstracts Of Recent Cases, Thomas Richard Ralston

West Virginia Law Review

No abstract provided.

Bankruptcy--"Strong Arm Clause" Weakened, Harold Dale Brewster Jr.

West Virginia Law Review

No abstract provided.

Insolvency In Bankruptcy: A Synthesis, G. Stanley Joslin

Indiana Law Journal

No abstract provided.

Tenancy By Entireties In Bankruptcy Proceedings

Washington and Lee Law Review

No abstract provided.

Bankruptcy--Chapter Xiii Wage Earners' Plans, Charles Henry Rudolph Jr.

West Virginia Law Review

No abstract provided.

Exemption Of Life Insurance Cash Surrender Values From Bankruptcy Proceedings In Maryland - In Re Posin, Melvin D. Hill

Maryland Law Review

No abstract provided.

Uniform Commercial Code--Attempt By Secured Creditor Under Article 9 To Emulate Trustee In Bankruptcy, William P. Snyder

Kentucky Law Journal

No abstract provided.

Bankruptcy - Voidable Preferences - Property Given To Secure Indorsement On Note For Antecedent Debt Is Voidable Preference As To Creditor If Indorser Satisfies Debt, Thomas A. Hogan

Villanova Law Review (1956 - )

No abstract provided.

Federal Tax Liens In Bankruptcy, Pierre R. Loiseaux

Vanderbilt Law Review

In this article, the author considers the peculiarly preferred position of the tax lien under section 67 of the Bankruptcy Act. From his consideration of the position of the trustee and the claim of the government he concludes that the law as presently applied is inequitable. He advocates that the government's secret lien be held invalid against the trustee, that the inchoate lien doctrine should not be applied in bankruptcy, and that the doctrine of Moore v. Bay be modified.

Selected Materials On The Literature Of Bankruptcy, Roy Mersky

Vanderbilt Law Review

Charles Warren, in his book Bankruptcy in United States History, opens the first chapter with a statement that would discourage most lawyers interested in developing a practice in bankruptcy: "The subject of bankruptcy is gloomy and depressing in that the law of bankruptcy is dry and discouraging." However, a federal bankruptcy law has been on the statute books continuously since 1898, and it is safe to assume that barring a nuclear war, legal problems dealing with bankruptcy will continue for along time in the future.

Arrangements And Wage Earner Plans: Proceedings Under Chapters Xi And Xiii, Sydney Krause

Vanderbilt Law Review

In this article, Mr. Krause considers the practical problems confronting the attorney who conducts proceedings under chapters 11 and 13 of the Bankruptcy Act. The article is a revision of remarks made by Mr. Krause at the Institute on Debtor-Creditor Relations held at the Vanderbilt University School of Law on November 11, 1961. While a number of changes have been made in the remarks, the author has retained, insofar as possible, the original flavor of the address.

Determination Of The Effect Of A Discharge In Bankruptcy, T. A. Smedley

Vanderbilt Law Review

This article examines the operation of the system under which the granting of the discharge is the function of the bankruptcy court but the construction of the effect of the discharge falls within the power of any court in which a creditor happens to bring suit to enforce an obligation of the bankrupt. The customary practice of leaving to the lower state courts the task of determining the dischargeability of specific debts is evaluated, and the bases for having this determination made in the bankruptcy court instead are explored.

Preferences Under The Bankruptcy Act, Charles Seligson

Vanderbilt Law Review

The Bankruptcy Act allows the trustee in bankruptcy to avoid the effect of certain transactions entered into by the debtor on the ground that these transactions give some creditors a preference. In this article, Mr. Seligson examines section 60 of the Bankruptcy Act to determine when this can be done. He discusses the elements of preferential transfers, the problems of proof, the relationship between state and federal law, and the manner in which the statutory provisions have been applied by the courts.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Bankruptcy--Assets--Trustee's Rights Under 70(c) Ascertained at Date of Bankruptcy Rather than Anterior Point of Time

====================================

Contempt--Publisher Not in Contempt for Newspaper Articles Which He reasonably did not believe would interfere with Trial

====================================

Federal Procedure--Erie Doctrine--Impeachment Evidence not Outcome--Determinative

=====================================

Jurisdiction--Federal Death on High Seas Act Grants Exclusive Jurisdiction to Federal Courts

Bankruptcy--Life Insurance--Trustee Not Entitled To Case Surrender Value Of Policy, Arthur Mark Recht

West Virginia Law Review

No abstract provided.

Creditors' Rights And Security Transactions -- 1960 Tennessee Survey, Forrest W. Lacey

Vanderbilt Law Review

Two cases involving mechanic's liens were decided during the period under survey. Rowland v. Lowe' presented the question of the validity of a material men's lien against the owner of land subject to a contract of sale which required the purchaser to erect improvements on the land. In order to protect the vendor's lien, which was to be retained in the deed, the contract provided:

"The purchaser obligates himself to pay all sums for labor and materials in the construction of the improvements on said lot, and in no event shall there be any lien on the lot of ground …

Bankruptcy--State Limitations On The Trustee's Status As Hypothetical Creditor, R. M. H.

West Virginia Law Review

No abstract provided.