Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legislation (31)
- Business Organizations Law (22)
- Commercial Law (15)
- Banking and Finance Law (13)
- Secured Transactions (11)
-
- Law and Economics (9)
- Litigation (7)
- Comparative and Foreign Law (6)
- Consumer Protection Law (6)
- Courts (6)
- State and Local Government Law (6)
- Transnational Law (6)
- Contracts (5)
- Jurisdiction (5)
- Supreme Court of the United States (5)
- Administrative Law (4)
- Common Law (4)
- Conflict of Laws (4)
- Legal Remedies (4)
- Property Law and Real Estate (4)
- Civil Law (3)
- Constitutional Law (3)
- Law and Politics (3)
- Retirement Security Law (3)
- Criminal Law (2)
- Criminal Procedure (2)
- Dispute Resolution and Arbitration (2)
- Government Contracts (2)
- Institution
-
- University of Michigan Law School (74)
- Yeshiva University, Cardozo School of Law (10)
- St. John's University School of Law (5)
- University of Kentucky (5)
- Fordham Law School (3)
-
- Maurer School of Law: Indiana University (3)
- University of Richmond (3)
- Florida International University College of Law (2)
- Florida State University College of Law (2)
- St. Mary's University (2)
- Villanova University Charles Widger School of Law (2)
- American University Washington College of Law (1)
- Cleveland State University (1)
- Loyola Marymount University and Loyola Law School (1)
- Mitchell Hamline School of Law (1)
- Schulich School of Law, Dalhousie University (1)
- Singapore Management University (1)
- The Catholic University of America, Columbus School of Law (1)
- The University of Akron (1)
- Universitas Indonesia (1)
- University of Georgia School of Law (1)
- University of Massachusetts Boston (1)
- University of Miami Law School (1)
- University of Missouri School of Law (1)
- University of Missouri-Kansas City School of Law (1)
- University of Oklahoma College of Law (1)
- University of Washington School of Law (1)
- William & Mary Law School (1)
- Publication Year
- Publication
-
- Articles (30)
- Michigan Law Review (30)
- Cardozo Law Review (9)
- University of Michigan Journal of Law Reform (9)
- Faculty Publications (5)
-
- Law Faculty Scholarly Articles (4)
- Bankruptcy Research Library (3)
- Faculty Articles (3)
- Fordham Urban Law Journal (2)
- Indiana Law Journal (2)
- Michigan Business & Entrepreneurial Law Review (2)
- Michigan Journal of International Law (2)
- Scholarly Publications (2)
- Villanova Law Review (1956 - ) (2)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (1)
- Akron Law Review (1)
- Articles by Maurer Faculty (1)
- Catholic University Law Review (1)
- Cleveland State Law Review (1)
- Dalhousie Law Journal (1)
- Faculty Works (1)
- Fordham Journal of Corporate & Financial Law (1)
- Kentucky Law Journal (1)
- Law Faculty Publications (1)
- Loyola of Los Angeles International and Comparative Law Review (1)
- Mitchell Hamline Law Review (1)
- Other Publications (1)
- Pension Action Center Publications (1)
- Research Collection Yong Pung How School Of Law (1)
- Reviews (1)
- Publication Type
Articles 61 - 90 of 128
Full-Text Articles in Bankruptcy Law
Rights Of Subrogation In Letters Of Credit Transactions, James J. White
Rights Of Subrogation In Letters Of Credit Transactions, James J. White
Articles
The past twenty years have seen more than a dozen cases, in which parties to letter of credit transactions have sought subrogation to the rights of the person they have paid or to the rights of the persons on behalf of whom, they have acted.' The most obvious case arises when the issuer of a standby letter of credit pays a beneficiary on a debt that is owed to the beneficiary by a bankrupt applicant. Having failed to take 'collateral from the applicant, the issuer seeks to be subrogated to the security interest of the beneficiary. Failing subrogation, the issuer …
Bankruptcy Redistributive Policies And The Limits Of The Judicial Process, Christopher W. Frost
Bankruptcy Redistributive Policies And The Limits Of The Judicial Process, Christopher W. Frost
Law Faculty Scholarly Articles
Business failure negatively affects a broad range of interests, yet the bankruptcy process directly protects only a small segment of interest-holders: the creditors. Some commentators argue for expansion of that protection to encompass redistributive norms and provide for the interests of non-investors in the failed business. The Bankruptcy Reform Act of 1994’s establishment of a national commission to study the bankruptcy process and its broader policy implications brings with it the opportunity to consider that redistributive argument and perhaps change the process to include the interests of non-investors under the reorganization umbrella. This Article responds to those who would have …
Harvey's Silence (Symposium: Letters To The Commission), James J. White
Harvey's Silence (Symposium: Letters To The Commission), James J. White
Articles
Harvey Miller has a reputation as a leading bankruptcy lawyer, and he deserves it. As his criticism shows, he understands why and how the Code changed the Act in 1978 and how the drafters of Chapter 11 erred. Better than all but a handful of other lawyers, Harvey Miller knows how to manipulate Chapter 11 to serve his clients' interests. He understands both the legal and practical intricacies of Chapter 11. Were I the CEO of a large and troubled company, I would hire Harvey Miller and gladly pay him twice what most other bankruptcy lawyers would charge. In short, …
Bankruptcy In Russia: The Evolution Of A Comprehensive Russian Bankruptcy Code, Paul Williams, Paul Wade
Bankruptcy In Russia: The Evolution Of A Comprehensive Russian Bankruptcy Code, Paul Williams, Paul Wade
Scholarly Articles in Law Reviews & Journals
This article traces the development of the current bankruptcy code, with it origins in the early economic laws of perestroika; explains key provisions of the current law; and comments on the prospects for its effective implementation. The intent of this article is to provide a balanced understanding of the Russian bankruptcy code useful both to the study of the emergence of a market-based economy in Russia and as a bankruptcy primer for individuals or corporations conducting business in Russia.
The New Rawlsian Theory Of Bankruptcy Ethics, Mary Josephine Newborn
The New Rawlsian Theory Of Bankruptcy Ethics, Mary Josephine Newborn
Cardozo Law Review
Bankruptcy law was once considered a rather insular sub-specialty of commercial law. Bankruptcy scholars of an earlier time devoted their energies to drafting bankruptcy legislation, mastering its particulars, and systematizing the case law. When these scholars attempted to locate larger themes in bankruptcy, they labored with great deference to positive expressions of bankruptcy's purpose.
The Equal Access To Justice Act--Are The Bankruptcy Courts Less Equal Than Others?, Matthew J. Fischer
The Equal Access To Justice Act--Are The Bankruptcy Courts Less Equal Than Others?, Matthew J. Fischer
Michigan Law Review
This Note argues that the bankruptcy courts have authority under the BAJA to shift fees against the federal government. Part I discusses the relevant caselaw and examines the basis of the current controversy. Part II examines the statutory language, the legislative history, and the stated purposes of the BAJA and concludes that each of these aspects of the statute demonstrates a congressional intent to grant fee-shifting authority to the bankruptcy courts. Part III considers alternatives to finding bankruptcy court jurisdiction over BAJA disputes, rejecting each as inefficient and unnecessary. This Note concludes that courts should construe the BAJA consistently with …
The Priority Of Postpetition Retainers, Carve-Outs, And Interim Compensation Under The Bankruptcy Code, Criag B. Cooper
The Priority Of Postpetition Retainers, Carve-Outs, And Interim Compensation Under The Bankruptcy Code, Criag B. Cooper
Cardozo Law Review
Although attorneys are specifically granted an administrative expense priority pursuant to section 507(a)(1) of the Bankruptcy Code ("Code"), other creditors might have even higher priorities. Three such examples come to mind. First, if a secured creditor has been promised adequate protection of its collateral which subsequently fails, the secured party is given a higher priority under section 507(b). Second, a debtor-in-possession ("DIP") under the authority of section 364(c)(1) may grant to a postpetition lender a higher priority than the one provided in section 507(a)(1). Third, if a Chapter 11 case is converted to Chapter 7 the fate of 90 percent …
Organizational Form, Misappropriation Risk, And The Substantive Consolidation Of Corporate Groups, Christopher W. Frost
Organizational Form, Misappropriation Risk, And The Substantive Consolidation Of Corporate Groups, Christopher W. Frost
Law Faculty Scholarly Articles
The financial collapse of a corporation raises significant questions regarding its shareholders and creditors' ex ante allocation of the risk that such a collapse might occur. In bankruptcy, most of these risk allocation issues relate to the priority of particular creditors' claims against the assets of the failed business. But determining priority first requires some reasoned means of identifying the assets against which creditors may assert their claims. In many cases, this question is simply one of locating and distributing assets. However, when bankrupt firms have conducted their operations through a complex web of subsidiary corporations, each holding distinct assets …
Preference Conundrums, James J. White, Daniel Israel
Preference Conundrums, James J. White, Daniel Israel
Articles
Every law teacher and many law students and practitioners understand the intellectual sport to be found in Section 547 on preference law. Because the preference rules are so intricate, rigorously logical-but really not logical-they command more than their fair attention, not only in law school but also in continuing legal education and even in the courts. Our purpose in this article is not to answer any of the difficult questions or to give a global explanation of preference law. Rather it is to confront a few of the conundrums in Section 547 and to follow the paths of those conundrums …
Setoff And Bankruptcy, Lawrence Kalevitch
Setoff And Bankruptcy, Lawrence Kalevitch
Cleveland State Law Review
The code treats liens and setoffs as secured claims. A lienor under §506 receives a secured claim in the face amount of the debt secured only if the collateral has at least that value. Section 506(a) requires collateral valuation to determine the amount of the secured claim. Setoff in the face amount of a creditor's claim likewise requires valuation. Part II discusses §506(a) and §553 and how they may limit, in appropriate cases, the setoff right to less than the face amount of a creditor's claim. Part II shows that this reading of the Bankruptcy Code is not only consistent …
Revising Article 9 To Reduce Wasteful Litigation, James J. White
Revising Article 9 To Reduce Wasteful Litigation, James J. White
Articles
For reasons that are unclear to me, the committees reviewing the articles of the Uniform Commercial Code and drafting revisions are congenitally conservative. Perhaps these committees take their charge too seriously, namely, to revise, not to revolutionize. Perhaps their intimate knowledge of the subject matter exaggerates the importance of each section and consequently magnifies the apparent size of every change. In any case, my own experience with two such committees tells me that the members quickly become focused on revisions and amendments that any outsider would describe as modest. To the extent that the revision of any of the articles …
The Outer Fringes Of Chapter 11: Nonconsenting Senior Lenders' Rights Under Subordination Agreements In Bankruptcy, David Kravitz
The Outer Fringes Of Chapter 11: Nonconsenting Senior Lenders' Rights Under Subordination Agreements In Bankruptcy, David Kravitz
Michigan Law Review
This Note focuses on the options a senior creditor in Frugal's position may have when a reorganization plan provides for payments in violation of a subordination agreement that the creditor wishes to enforce. Part I explains the different types of subordination agreements and discusses their treatment under pre-Code bankruptcy law and under the Bankruptcy Code. Because of the dearth of case law regarding nonconsenting senior lenders and subordination agreements, Part II considers a question in a related area of bankruptcy law where more authority exists: whether a reorganization plan may release a nonbankrupt guarantor from its obligations under the guaranty …
Strange Visions In A Strange World: A Reply To Professors Bradley And Rosenzweig, Lynn M. Lopucki
Strange Visions In A Strange World: A Reply To Professors Bradley And Rosenzweig, Lynn M. Lopucki
Michigan Law Review
Much about chapter 11 is in need of improvement. But, as is so often the case, the resonant themes are not the right ones. All three legs of Bradley and Rosenzweig's argument for repeal are seriously flawed. The heart of their empirical argument is their claim to have shown that financially stronger companies reorganizing under chapter 11 have been paying less to both their creditors and their shareholders than did weaker companies reorganizing under prior law. In Part I below, I present several more plausible explanations for the stock and bond price phenomena they observed. In all likelihood, their data …
What Do You Mean My Partnership Has Been Petitioned Into Bankruptcy?, Karen E. Blaney
What Do You Mean My Partnership Has Been Petitioned Into Bankruptcy?, Karen E. Blaney
Fordham Urban Law Journal
Bankruptcy law regarding partnerships differs from the law pertaining to individuals and corporations. Only a partnership can be involuntarily petitioned into bankruptcy by individuals within the organization. Involuntary petitions can be used by general partners as bargaining chips, and may encourage partners who can personally benefit from filing to do so, even if the act would be detrimental to the partnership. Under present bankruptcy law, an involuntary petition may be commenced against a partnership by fewer than all of the general partners in such partnership. In comparison to prior bankruptcy provisions governing a partner's involuntary petition against the partnership, the …
Absolute Priority And New Value, James J. White
Absolute Priority And New Value, James J. White
Articles
This paper is based on a lecture given on December 6, 1990 ast the Second Annual Robert E. Krinock Lecture. The absolute priority rule is a specific application of the broader doctrine that reorganization plans must be "fair and equitable." Both have their origins in the railroad reorganization cases of the early 20th century. The general doctrine is now codified in section 1129(b)(2) of the Bankruptcy Code and the rule is codified in subsection 1129(b)(2)(B)(ii) which provides that the debtor must pay a nonconsenting class of unsecured creditors in full or "the holder of any claim or interest that is …
Corporate Receiverships And Chapter 11 Reorganizations, Paula Whitney Bets
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
Employee Theft And Erisa: A Proposed Amendment To Garnish Pension Benefits, Bonnie H. Rattner
Cardozo Law Review
No abstract provided.
Involuntary Fraudulent Transfers, Frank R. Kennedy
Involuntary Fraudulent Transfers, Frank R. Kennedy
Cardozo Law Review
No abstract provided.
Is Fraudulent Conveyance Law Efficient?, David G. Carlson
Is Fraudulent Conveyance Law Efficient?, David G. Carlson
Cardozo Law Review
No abstract provided.
Selling Out Undersecured Creditors: "Value" Under Section 363(F) Of The Bankruptcy Code, Steven M. Shishko
Selling Out Undersecured Creditors: "Value" Under Section 363(F) Of The Bankruptcy Code, Steven M. Shishko
Cardozo Law Review
No abstract provided.
Philosophy In Bankruptcy, David Gray Carlson
Philosophy In Bankruptcy, David Gray Carlson
Michigan Law Review
A Review of The Logic and Limits of Bankruptcy Law by Thomas H. Jackson
Mediation In Debtor/Creditor Relationships, Edward A. Morse
Mediation In Debtor/Creditor Relationships, Edward A. Morse
University of Michigan Journal of Law Reform
Two states that have substantial interests in agricultural debtor/creditor relationships have attempted to limit the social and economic costs of prematurely terminating the debtor/creditor relationship. Iowa and Minnesota have adopted a statutory requirement that the creditor offer to submit to mediation prior to taking any debt collection action against an agricultural borrower. This Note argues that requiring creditors to offer mediation as a statutory prerequisite to debt collection is an effective means of reducing the social and economic costs of the premature termination of a debtor/creditor relationship in business contexts. Part I examines the conceptual foundations of the mediation process …
Taking From Farm Lenders And Farm Debtors: Chapter 12 Of The Bankruptcy Code, James J. White
Taking From Farm Lenders And Farm Debtors: Chapter 12 Of The Bankruptcy Code, James J. White
Articles
In passing Chapter 12 of the Bankruptcy Reform Act, Congress has effectively invalidated certain important provisions of existing farm mortgages. Equally significant, Congress has disabled farmers from granting binding mortgages on the full, value of their property. Although no court is likely to find the Chapter to violate the fifth amendment, the Chapter constitutes a substantial and retroactive alteration of the rights of existing mortgagees and a restriction on the powers of prospective mortgagors to grant valid mortgages. The thesis of this paper is that Congress was both wrong and shortsighted in its enactment of Chapter 12. Congress was wrong …
Exemption Of Erisa Benefits Under Section 522(B)(2)(A) Of The Bankruptcy Code, Michigan Law Review
Exemption Of Erisa Benefits Under Section 522(B)(2)(A) Of The Bankruptcy Code, Michigan Law Review
Michigan Law Review
This Note argues that the two federal statutes are exempting statutes under section 522(b)(2)(A), and thus BRISA funds should be exempt in a bankruptcy action when the debtor uses the state exemption scheme. Part I argues that standard principles of statutory interpretation, as applied to the language of the bankruptcy statute, refute the possibility that Congress intended the list of statutes in the legislative history to be exclusive. Having established that statutes other than those listed may be included under section 522(b )(2)(A), Part II first refutes the argument that the absence of BRISA from the list of exempting statutes …
The Bildisco Case And The Congressional Response, James J. White
The Bildisco Case And The Congressional Response, James J. White
Articles
Section 365 of the Bankruptcy Reform Act authorizes one in bankruptcy to "assume or reject any executory contract ...of the debtor." The most frequent use of the section arises when a lessee goes into Chapter 11 and decides either to reject its real estate lease with its lessor or, if the lease is at a favorable rental rate, to assume it and assign it to another. A less frequent but more controversial use of section 365 is to reject one's collective bargaining agreement with his employees.
Efficiency Justifications For Personal Property Security, James J. White
Efficiency Justifications For Personal Property Security, James J. White
Articles
In February of 1983 Pan American World Airways issued 100 million dollars of convertible secured notes. As security for these notes it put up three Boeing 747 SP aircraft, two 747-100 aircraft, and one McDonnell Douglas DC10-30. The appraised value of these aircraft was 157 million dollars. To the extent possible under the law, Pan American made these aircraft subject to the claims of the owners of the new notes. On default, the note holders would have the first claim on these aircraft, would have the right to repossess them outside of bankruptcy, and would have the right to the …
Judicial Lien Priorities Under Article 9 Of The Uniform Commercial Code: Part I, David G. Carlson, Paul M. Shupack
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
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 …
Avoiding Liens Under The New Bankruptcy Code: Construction And Application Of Section 522(F), Judy Toyer
Avoiding Liens Under The New Bankruptcy Code: Construction And Application Of Section 522(F), Judy Toyer
University of Michigan Journal of Law Reform
This Note argues that strict construction of section 522(f)(2) is most consistent with congressional intent. Part I discusses the congressional rationale behind lien avoidance. Part II examines present efforts to apply section 522(f)(2), and concludes that judicial interpretation to date has proved largely inadequate. Finally, Part III proposes new judicial guidelines and statutory amendments designed to standardize application of the lien avoidance provision in a manner consistent with the congressional intent behind the Reform Act.
Estates By The Entirety In Bankruptcy, Frank J. Spivak
Estates By The Entirety In Bankruptcy, Frank J. Spivak
University of Michigan Journal of Law Reform
This Note argues that the exemption for entirety property should be abolished. Part I examines the treatment of entirety property under the Code and illustrates the conflict between the entirety exemption and ·federal bankruptcy policy. Part II discusses procedural devices that creditors employ to subject entirety property to bankruptcy distribution.