Bankruptcy Law Commons^™

The Rights Of A Trustee In Bankruptcy As Against A Federal Tax Lien

Indiana Law Journal

No abstract provided.

Comments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust Act--Discriminatory Practices--Defenses Available to Charge of Discrimination in Furnishing Services and Facilities

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Bankruptcy--Priority of Wages--Employer's Contributions to Welfare Funds Are Not Entitled to Priority as Wages Due to Work

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Constitutional Law--Social Security Benefits--Automatic Suspension of Deported Person's Social Security Benefits a Denial of Due Process

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Constitutional Law--Union Shop Agreement Under Railway Labor Act Violates Constitutional Rights of Employees

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Corporations--Securities and Exchange Act of 1934--Liability of Director for Profits on Stock Acquired Prior to Election as Corporate Official

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Damages--Quasi Contract--Exemplary Damages in Quasi Contract When Defendant is Guilty of Fraud

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Evidence--Other Crimes--Admissibility of Evidence …

Creditors' Rights And Security Transactions--1959 Tennessee Survey, Forrest W. Lacey

Vanderbilt Law Review

There were few cases of interest in the period under survey. Rone Jewelry Company v. Conley' presented the question of what constitutes "willful and malicious injuries to the property of another" within the meaning of section 17 of the Bankruptcy Act. A debt of this character is not released by a discharge in bankruptcy.

In the instant case the defendant had purchased silverware and a ring from plaintiff under a title retention contract. Defendant then sent the property to his mother in New Jersey. Following a discharge in bankruptcy granted to the purchaser, the seller brought action against the purchaser.

United States - 86th Congress, 1st Session - Bankruptcy - Determination Of Dischargeability By Courts Of Bankruptcy, John J. Cleary

Villanova Law Review (1956 - )

No abstract provided.

Recent Decisions, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Recent Decisions, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Automobiles--Owner's Liability Statutes--Application to the Master-Servant Relationship

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Bankruptcy--Discharge--Failure of Creditor to Inform Bankruptcy Court of Bankrupt's Fraud in Procuring Loan

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Bills and Notes--Demand Instruments--Time When Statute of Limitations Begins to Run

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Bills and Notes--Holder in Due Course--Giving a Check in Exchange for Another Negotiable Instrument is not the Giving of Value When the Check Turns Out to be Worthless

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Constitutional Law--Due Process of Law--Use of Perjured Testimony and Suppression of Material Evidence Favorable to Accused in State Criminal Proceedings

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Constitutional Law--Equal Protection of the Laws--Executory Interest Conditioned upon Racial Restriction on Use of Land

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State Taxation Of Bankruptcy Liquidations: Federalism Misconceived, Neil S. Hecht

Faculty Scholarship

ONCE viewed as immune property within the custody of the federal sovereign, a bankrupt's estate is now generally subject to the same state and local taxes as are the property and activities of an individual. Judicial recognition that government services subsidized by state property taxes were ratably extended to property in the hands of the bankruptcy trustee engendered the initial inroad on this immunity. Subsequent federal legislation relegates agents or officers conducting businesses by authority of United States courts to the status of private parties for purposes of taxation. However, some courts have denied the imposition of state and local …

Bankruptcy From A Family Law Perspective, G. Stanley Joslin

Vanderbilt Law Review

The points at which family interests are involved in the usual bankruptcy proceeding are many. Some are quite obvious, as dower rights of the wife, alimony claims, or intra-family concealments. Others are less conspicuous but no less potent, as exclusion of relatives and spouses from certain rights, post-bankruptcy inheritances, cryptic exemption rights or evidentiary obligations. The scope here will not be limited to the traditional academic "Family Law" concept but will include that wider sphere where husbands, wives, and children are actually and vitally concerned in a bankruptcy involving one of them. Not only are the advantageous rights to be …

Creditors' Rights And Security Transactions -- 1955 Tennessee Survey, Paul J. Hartman

Vanderbilt Law Review

Application to Bankruptcy Proceedings of Federal Rules Concerning Compulsory Counter Claims: In Meacham v. Haley' the Tennessee Court of Appeals was faced with the problem of to what extent Rule 13 of the Federal Rules of Civil Procedure concerning compulsory counter claims applies to a bankruptcy proceeding. In the instant case a trustee in bankruptcy of the Dr. Pepper Bottling Company sued the defendants, Haley and Johnston, for alleged fraud practiced on the bankrupt debtor prior to the bankruptcy. However, some time before the present case, Haley and Johnston had filed claims in the bankruptcy matter of Dr. Pepper Bottling …

Business Associations -- 1955 Tennessee Survey, Paul J. Hartman

Vanderbilt Law Review

Nature and Formation of Partnerships: The question whether a contract sued on was a partnership arrangement so as to be cognizable only in equity was considered by the Tennessee Court of Appeals in Powel v. Bundy.' There Bundy, a real estate broker, sued Powell on the lawside to recover $500, alleged to be plaintiff's one-half share of a commission earned by their joint efforts in selling a tract of real estate, but which commission had been collected and wrongfully retained by defendant. Among other defenses interposed was defendant's contention that the contract sued on was that of a partnership arrangement …

Bankruptcy-Dischargeability Of Bankrupt's Liability For Personal Injuries Caused By Reckless Driving (Federal)

Washington and Lee Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Bankruptcy--Acts of Bankruptcy--Petition for Dissolution under State Statute

Corporations--Stockholders' Derivative Suits--Equitable Stockholder's Rights under Security Statute

Criminal Law--Evidence--Immunity Statutes

Criminal Procedure--Grand Jury Indictments--Failure of Jurors to Hear All the Evidence as Grounds for Setting Aside Indictment

Domestic Relations--Torts--Action by Wife against Husband for Personal Injuries

Federal Jurisdiction--Scope of Federal Common Law--Characterization of Foreign Statute for Purpose of Applying Federal Constitution

Labor Law--Unfair Labor Practice--Intent to Encourage or Discourage Union Membership by Discrimination

The 1950 Amendment To The Preference Section Of The Bankruptcy Act And Maryland Law, Bridgewater M. Arnold

Maryland Law Review

No abstract provided.

The Effect Of The National Bankruptcy Act On Kentucky's General Assignment Law, William S. Tribell

Kentucky Law Journal

No abstract provided.

Rights Of A Trustee Of Bankrupt Estate To Abandon Burdensome Assets In Contravention Of Federal Navigation Acts - Ottenheimer V. Whitaker

Maryland Law Review

No abstract provided.

Rights Of Creditors In Insurance -- The Tennessee Exemption Statutes, Paul J. Hartman

Vanderbilt Law Review

The subject of the availability of assets to creditors is important when a trustee in bankruptcy as a representative of creditors is seeking to gather assets to pay off creditors; and the subject is of equal importance where a single creditor, not in a bankruptcy proceeding, is seeking to satisfy his claim out of the assets of his debtor. Whatever is property in the hands of the debtor is available to his creditors, unless it is exempt by law. This property is his estate, considered indifferently from the standpoint of the single creditor who seeks to realize for himself alone, …

Bankruptcy-Revival Of Lien Impaired By Removal Of Mortgaged Chattel As Constituting Preferential Transfer [England V. Moore Equipment Co., Fed. 1950]

Washington and Lee Law Review

No abstract provided.

Assignments Of Accounts Receivable And The Conflict Of Laws Under The Bankruptcy Act, Eugene J.T. Flanagan

Vanderbilt Law Review

Under our system of government there is no constitutional requirement that the laws of the various states be uniform. On some points there are considerable differences between the laws of sister states. Such is the case with respect to the test for priority of right among successive assignees of an account receivable. This difference becomes of great importance when a multi-state transaction raises the question of the choice of the applicable law.

Fundamentally the problem is whether the jurisdiction in question follows the rule of Dearle v. Hall,' or the so-called American rule. The former establishes the order of precedence …

Bankruptcy-Definition Of "Farmer" For Purposes Of Relief Through Agricultural Compositions And Extensions

Washington and Lee Law Review

No abstract provided.

Rights Of Trustee In Bankruptcy To Cash Surrender Value Of Insurance Policies Of A Bankrupt, George W. Hatfield Jr.

Kentucky Law Journal

No abstract provided.

Cases Noted, Journal Staff

Vanderbilt Law Review

bankruptcy--unclaimed dividends--distribution to creditors who have not been paid in full

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constitutional law--prohibition of practice of naturopathy as a separate branch of the healing arts

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constitutional law--unAmerican activities committee held valid exercise of congressional power

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criminal law--evidence--admission of confession

Bankruptcy

Indiana Law Journal

Indiana Legislation, 1947

Reglas Para La Liquidación Judicial De La Sociedad De Gananciales, Eduardo Rafael Núñez

Mario Diaz Cruz Pamphlets

No abstract provided.

Taxation--Exemptions--Income-Producing Real Property Of Charity, M. D. B. Jr.

West Virginia Law Review

No abstract provided.

Res Judicata Of Judgment Creditor's Claim

Indiana Law Journal

Notes and Comments: Bankruptcy

Agricultural Composition And Extension

Indiana Law Journal

Notes and Comments: Bankruptcy

Bankruptcy--Failure To Keep Records As Grounds For Denial Of Discharge, M. S. K.

West Virginia Law Review

No abstract provided.

Bankruptcy--Right Of An Unincorporated Body To File A Voluntary Petition, G. W. E.

West Virginia Law Review

No abstract provided.