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Articles 31 - 39 of 39

Full-Text Articles in Bankruptcy Law

Judicial Lien Priorities Under Article 9 Of The Uniform Commercial Code: Part I, David G. Carlson, Paul M. Shupack Jan 1984

Judicial Lien Priorities Under Article 9 Of The Uniform Commercial Code: Part I, David G. Carlson, Paul M. Shupack

Cardozo 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 Jan 1983

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 …


Comments On The Consumer Finance Industry's Proposals To Improve The Position Of Secured Creditors In Consumer Bankruptcy Cases, Joseph E. Ulrich Mar 1982

Comments On The Consumer Finance Industry's Proposals To Improve The Position Of Secured Creditors In Consumer Bankruptcy Cases, Joseph E. Ulrich

Washington and Lee Law Review

No abstract provided.


Article 9 Security Interests As Voidable Preferences: Part Ii The Floating Lien, Irving A. Breitowitz Jan 1982

Article 9 Security Interests As Voidable Preferences: Part Ii The Floating Lien, Irving A. Breitowitz

Cardozo Law Review

No abstract provided.


The Problem Of Consumer Bankruptcy: Is Amendment Of The Bankruptcy Act The Answer?, Michigan Law Review Jun 1965

The Problem Of Consumer Bankruptcy: Is Amendment Of The Bankruptcy Act The Answer?, Michigan Law Review

Michigan Law Review

The question of whether the current frequency of consumer bankruptcy is a necessary function of consumer credit remains unanswered. The burgeoning number of consumer bankruptcies in a period of unparalleled national prosperity suggests fundamental weaknesses in the credit-oriented economy. Bankruptcy filings, now numbering nearly 172,000 annually, have trebled over the past decade. For twelve consecutive years the number of petitions filed has exceeded that of the prior year. Nonbusiness bankruptcies, most of which offer no assets for distribution, constitute ninety per cent of all filings.


Bankruptcy-The New Test Of Perfection Under Section 60a-Effect Of Public Law 461, William R. Worth S.Ed. Dec 1950

Bankruptcy-The New Test Of Perfection Under Section 60a-Effect Of Public Law 461, William R. Worth S.Ed.

Michigan Law Review

A preference given to a creditor by an insolvent debtor is not a fraud on his other creditors, regardless of the fact that such payment reduces the share that they would be able to obtain upon an orderly liquidation and pro rata distribution of his estate. This simple principle has caused great confusion and trouble in the development of collective procedures for the satisfaction of the claims of creditors. It led through various channels to a very sweeping definition of preferences and provision for their avoidance in the Chandler Act of 1938, and has now produced, by a process of …


Bankruptcy - Debts Not Affected By A Discharge - Goods Purchased When Insolvent With No Intent To Pay, William C. Wetherbee Jr. Mar 1941

Bankruptcy - Debts Not Affected By A Discharge - Goods Purchased When Insolvent With No Intent To Pay, William C. Wetherbee Jr.

Michigan Law Review

Respondent was suing the debtor in a municipal court of Georgia for goods purchased on account. When the debtor was ajudicated a bankrupt, the respondent changed his action from contract to tort by alleging that the bankrupt had purchased the goods when insolvent with no intent to pay for them. A judgment was obtained by respondent and the bankrupt subsequently received a discharge in bankruptcy. The bankrupt now asks that the respondent be enjoined from further proceeding to enforce this judgment by garnishment or in any other manner. Respondent claims that the judgment was not discharged since it was a …


Contracts - Sales - Effect Of Reasonable Belief In Buyer's Insolvency On Seller's Duty To Perform, W. Wallace Kent Nov 1940

Contracts - Sales - Effect Of Reasonable Belief In Buyer's Insolvency On Seller's Duty To Perform, W. Wallace Kent

Michigan Law Review

The plaintiff ordered goods from the defendant, for immediate delivery, terms $1,500 down, balance covered by notes of three and six months. The check given for the down payment was dishonored because of insufficient funds but was subsequently honored. On investigation the defendant discovered that there were unpaid judgments outstanding against the plaintiff, some of which were upwards of three years old. Inferring that the plaintiff was insolvent, the defendant refused to deliver the goods unless cash was paid therefor and when plaintiff refused this offer defendant attempted to return the down payment. Held, plaintiff's affairs were in such …


Book Reviews Jun 1931

Book Reviews

Michigan Law Review

Multiple book reviews by various authors.