Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legislation (10)
- Banking and Finance Law (5)
- Courts (4)
- Housing Law (4)
- Consumer Protection Law (3)
-
- Law and Economics (3)
- Law and Race (3)
- Judges (2)
- Law and Society (2)
- Legal Studies (2)
- Social and Behavioral Sciences (2)
- American Politics (1)
- Chemicals and Drugs (1)
- Commercial Law (1)
- Constitutional Law (1)
- Contracts (1)
- Economic Policy (1)
- Education Law (1)
- Family Law (1)
- Family, Life Course, and Society (1)
- Human Rights Law (1)
- Inequality and Stratification (1)
- Jurisdiction (1)
- Jurisprudence (1)
- Legal Education (1)
- Legal Ethics and Professional Responsibility (1)
- Legal Profession (1)
- Litigation (1)
- Institution
-
- Maurer School of Law: Indiana University (10)
- St. John's University School of Law (8)
- University of Michigan Law School (8)
- Pepperdine University (4)
- University of Georgia School of Law (4)
-
- University of Arkansas Little Rock (3)
- University of Kentucky (3)
- University of Maine School of Law (3)
- Columbia Law School (2)
- Cornell University Law School (2)
- Emory University School of Law (2)
- Florida International University College of Law (2)
- St. Mary's University (2)
- University of Richmond (2)
- Yeshiva University, Cardozo School of Law (2)
- American University Washington College of Law (1)
- BLR (1)
- Boston University School of Law (1)
- Cleveland State University (1)
- Mercer University School of Law (1)
- Northwestern Pritzker School of Law (1)
- Penn State Dickinson Law (1)
- Purdue University (1)
- Southern Methodist University (1)
- The Catholic University of America, Columbus School of Law (1)
- The University of Akron (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- Vanderbilt University Law School (1)
- Washington University in St. Louis (1)
- Publication Year
- Publication
-
- Bankruptcy Research Library (8)
- Indiana Law Journal (8)
- Articles (6)
- University of Michigan Journal of Law Reform (5)
- Faculty Publications (4)
-
- Faculty Scholarship (4)
- Pepperdine Law Review (4)
- Scholarly Works (4)
- Continuing Legal Education Materials (3)
- University of Arkansas at Little Rock Law Review (3)
- Articles by Maurer Faculty (2)
- Cornell Law Faculty Publications (2)
- Emory Bankruptcy Developments Journal (2)
- Faculty Articles (2)
- Law Faculty Publications (2)
- Akron Law Review (1)
- American University Law Review (1)
- Catholic University Law Review (1)
- Cleveland State Law Review (1)
- ExpressO (1)
- Faculty Journal Articles and Book Chapters (1)
- Maine Law Review (1)
- Northwestern University Law Review (1)
- Scholarship@WashULaw (1)
- The Guardianship Journal (1)
- Touro Law Review (1)
- Vanderbilt Law Review (1)
- Publication Type
Articles 61 - 71 of 71
Full-Text Articles in Bankruptcy Law
Title Iii Of The Bankruptcy Amendments Act Of 1984: The Substantive Changes, Lucinda Mcdaniel
Title Iii Of The Bankruptcy Amendments Act Of 1984: The Substantive Changes, Lucinda Mcdaniel
University of Arkansas at Little Rock Law Review
No abstract provided.
Bankruptcy—Eighth Circuit's Analysis Of The Chapter 13 Good Faith Requirement, Robert Victor Harper
Bankruptcy—Eighth Circuit's Analysis Of The Chapter 13 Good Faith Requirement, Robert Victor Harper
University of Arkansas at Little Rock Law Review
No abstract provided.
The Recent Erosion Of The Secured Creditor's Rights Through Cases, Rules And Statutory Changes In Bankruptcy Law, James J. White
The Recent Erosion Of The Secured Creditor's Rights Through Cases, Rules And Statutory Changes In Bankruptcy Law, James J. White
Articles
One can view the law of creditors' rights as a series of cyclesin which alternatively the rights of the creditor and then those of the debtor are in ascendancy. Looking back through Americanlegislative history, one sees both the state legislatures and the Congress intervening on behalf of debtors in a variety of ways onmany occasions. An early example of such intervention was the enactment, particularly in the Midwest and West, of generous exemption laws that removed a variety of property beyond the reach of general creditors. A second example is the enactment of usury laws, which continue to be a …
Payments To Unsecured Creditors Under Chapter 13 Of The Bankruptcy Reform Act Of 1978, Mark H. Edwards
Payments To Unsecured Creditors Under Chapter 13 Of The Bankruptcy Reform Act Of 1978, Mark H. Edwards
Indiana Law Journal
No abstract provided.
Bankruptcy Law In Perspective, Theodore Eisenberg
Bankruptcy Law In Perspective, Theodore Eisenberg
Cornell Law Faculty Publications
The new bankruptcy act is a failure. Its shortcomings show that we need to change the way we think about bankruptcy law. The problem is not so much with the new bankruptcy act's treatment of any specific issue, though larger problems manifest themselves through questionable specific provisions. Rather, the problem is the way in which bankruptcy law is perceived as an area separate from the rest of the legal world. In many respects the new bankruptcy act inadequately reflects bankruptcy law's existence as part of a legal structure that includes many other federal laws, a Constitution, and detailed treatment of …
Bankruptcy Court Jurisdiction To Modify Alimony Payments Of Chapter 13 Debtors, Peter Swiecicki
Bankruptcy Court Jurisdiction To Modify Alimony Payments Of Chapter 13 Debtors, Peter Swiecicki
University of Michigan Journal of Law Reform
This article examines a bankruptcy court's power to modify a chapter 13 debtor's alimony payments. Part I discusses the bankruptcy court's jurisdiction in chapter 13 cases and the connection between the chapter 13 case and alimony modification proceedings. It then outlines the domestic relations limitation and the resulting conflict between bankruptcy courts and state courts with respect to alimony modification. Part II analyzes various arguments for and against allowing bankruptcy courts to hear alimony modification requests in chapter 13 cases. This analysis reveals that any state interests are far outweighed by the substantial benefits to be gained from consolidating the …
Filing For Personal Bankruptcy: Adoption Of A "Bona Fide Effort" Test Under Chapter 13, Stephan M. Vidmar
Filing For Personal Bankruptcy: Adoption Of A "Bona Fide Effort" Test Under Chapter 13, Stephan M. Vidmar
University of Michigan Journal of Law Reform
Part I discusses the history and current application of the Chapter 13 wage earner relief provisions, focusing on the present "good faith" controversy. Part II analyzes the "bona fide effort" test and examines its current congressional status. Part III suggests that more specific statutory guidance is necessary in order to effectively apply the "bona fide effort" test and recommends specific guidelines for its use. The article concludes that by following such a set of standard guidelines when applying the "bona fide effort" test, bankruptcy courts would promote uniform treatment of debtors, enhance judicial economy, and facilitate appellate review of Chapter …
Chapter 13: Its Operation, Its Statutory Requirements As To Payment To And Classification Of Unsecured Claims, And Its Advantages, David G. Epstein
Chapter 13: Its Operation, Its Statutory Requirements As To Payment To And Classification Of Unsecured Claims, And Its Advantages, David G. Epstein
Law Faculty Publications
This article will explore the operation of Chapter 13, the two major legal questions raised by the present Chapter 13, and the advantages of Chapter 13 over Chapter 7 and 11.
Automatic Stays Under The New Bankruptcy Law, Frank R. Kennedy
Automatic Stays Under The New Bankruptcy Law, Frank R. Kennedy
University of Michigan Journal of Law Reform
In Mueller v. Nugent, decided shortly after the enactment of the Bankruptcy Act of 1898, the United States Supreme Court declared that a petition in bankruptcy is "a caveat to all the world, and in effect an attachment and injunction." This judicial gloss, much quoted and applied since, was an early recognition that a stay of creditors from collecting their claims against the debtor and his property from and after the filing of a petition under the Bankruptcy Act is indispensable to bankruptcy administration. Unless the creditors are stayed, the debtor's estate will be dismembered and the objective of equality …
The Bankruptcy Reform Process: Maximizing Judicial Control In Wage Earners' Plans, Marjorie Girth
The Bankruptcy Reform Process: Maximizing Judicial Control In Wage Earners' Plans, Marjorie Girth
University of Michigan Journal of Law Reform
This article examines the effort to maximize judicial control over the bankruptcy process and its impact on H.R. 8200's procedural requirements for the nonbusiness bankruptcy option known currently as the wage earners' plan. As background, it describes the present nonbusiness bankruptcy options and the statutory procedures for monitoring confirmed wage earners' plans. Then, using illustrative samples from three years of cases in the Buffalo region of the Western District of New York, it assesses whether present plans are being administered in accordance with the statutory formalities. The economic incentives which affect creditors' behavior in taking advantage of their opportunities to …
The Partially Secured Creditor Under Chapter Xiii Of The Bankruptcy Act, Wayne C. Dabb Jr.
The Partially Secured Creditor Under Chapter Xiii Of The Bankruptcy Act, Wayne C. Dabb Jr.
University of Michigan Journal of Law Reform
Under current bankruptcy law, a partially secured creditor can force a struggling debtor into straight bankruptcy despite the debtor's voluntary attempt to rescue himself from insolvency under a Chapter XIII wage earner plan. Since the partially secured creditor has a security interest in the debtor's personal property, though it may be one of only negligible value, he is generally treated under Chapter XIII as a wholly secured creditor. If the partially secured creditor is affected by the wage earner plan, his assent to it is required before the court can confirm the plan. He may therefore, by his single dissent, …