Open Access. Powered by Scholars. Published by Universities.®

Bankruptcy Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 2941 - 2970 of 3935

Full-Text Articles in Bankruptcy Law

Bankruptcy's Effect On Environmental Claims: Should Involuntary Environmental Creditors Be Entitled To Non-Dischargeable Super-Priority Creditor Status?, Richard H. Golubow Apr 1993

Bankruptcy's Effect On Environmental Claims: Should Involuntary Environmental Creditors Be Entitled To Non-Dischargeable Super-Priority Creditor Status?, Richard H. Golubow

University of Miami Business Law Review

No abstract provided.


Property Of The Bankruptcy Estate After A Conversion From Chapter 13 To Chapter 7: The Need For A Definite Answer, Robert J. Volpi Apr 1993

Property Of The Bankruptcy Estate After A Conversion From Chapter 13 To Chapter 7: The Need For A Definite Answer, Robert J. Volpi

Indiana Law Journal

No abstract provided.


What Courts Do To Secured Creditors In Chapter 11 Cram Down, Jack Friedman Apr 1993

What Courts Do To Secured Creditors In Chapter 11 Cram Down, Jack Friedman

Cardozo Law Review

No abstract provided.


Organizational Form, Misappropriation Risk, And The Substantive Consolidation Of Corporate Groups, Christopher W. Frost Mar 1993

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 …


Dewsnup V. Timm: Judicial Sleight Of Hand In Statutory Construction Of The Bankruptcy Code, A. W. Bailey Iii Mar 1993

Dewsnup V. Timm: Judicial Sleight Of Hand In Statutory Construction Of The Bankruptcy Code, A. W. Bailey Iii

Brigham Young University Journal of Public Law

No abstract provided.


Postpetition Security Interests Under The Bankruptcy Code, David G. Carlson Feb 1993

Postpetition Security Interests Under The Bankruptcy Code, David G. Carlson

Articles

Section 364(c) and (d) of the Bankruptcy Code provides for the creation of security interests in real and personal property under federal law. In this Article, David Gray Carlson discusses the quality and nature of these federal security interests, their remarkable immunity from reversal on appeal, and the ability of postpetition lenders to obtain preferences over other creditors through "cross-collateralization" clauses and the like.


No Fault Equitable Subordination: Reassuring Investors That Only Government Penalty Claims Are At Risk, Scott M. Browning Feb 1993

No Fault Equitable Subordination: Reassuring Investors That Only Government Penalty Claims Are At Risk, Scott M. Browning

William & Mary Law Review

No abstract provided.


Aviation Law And Regulation: Abridged Student Edition, Robert M. Hardaway, Paul Stephen Dempsey, William E. Thoms Jan 1993

Aviation Law And Regulation: Abridged Student Edition, Robert M. Hardaway, Paul Stephen Dempsey, William E. Thoms

Sturm College of Law: Faculty Scholarship

We sought to write a comprehensive reference book for aviation lawyers and practitioners, and airline and aircraft manufactuing executives in need of vital information regarding law and government regulation in the field of commercial and general aviation. We envision this book as an aid for the neophyte and experienced practitioner alike.


Jury Trials In Bankruptcy Court? The Seventh Circuit Adds Its Voice To The Debate In In Re Grabill Corp., Amy Field Herzog Jan 1993

Jury Trials In Bankruptcy Court? The Seventh Circuit Adds Its Voice To The Debate In In Re Grabill Corp., Amy Field Herzog

Loyola University Chicago Law Journal

No abstract provided.


Wysko Investment Company V. Great American Bank: A New Attack On The Usefulness Of Letters Of Credit, Robert Jay Gavigan Jan 1993

Wysko Investment Company V. Great American Bank: A New Attack On The Usefulness Of Letters Of Credit, Robert Jay Gavigan

Northwestern Journal of International Law & Business

The letter of credit has long been accepted as a valuable instrument of assured payment in international business. In Wysko Investment v. Great American Bank, however, an Arizona district court jeopardized the usefulness of the letter of credit transaction by enjoining payment to the beneficiary after the issuing party became insolvent.' This note addresses the issue of whether a bankruptcy court has the power to enjoin payment of a letter of credit issued by the debtor's principal, pursuant to 11 U.S.C. § 105(a), when the court finds the injunction necessary for the debtor's reorganization. Further, this note examines whether such …


Rethinking Professor Westbrook's Two Thoughts About Insider Preferences, Peter A. Alces Jan 1993

Rethinking Professor Westbrook's Two Thoughts About Insider Preferences, Peter A. Alces

Faculty Publications

No abstract provided.


Interactions Between Bankruptcy Law And State Law: What Illinois Judges Need To Know, Steven H. Resincoff Jan 1993

Interactions Between Bankruptcy Law And State Law: What Illinois Judges Need To Know, Steven H. Resincoff

Loyola University Chicago Law Journal

No abstract provided.


Shareholder Control Rights In Bankruptcy: Disassembling The Withering Mirage Of Corporate Democracy, Thomas G. Kelch Jan 1993

Shareholder Control Rights In Bankruptcy: Disassembling The Withering Mirage Of Corporate Democracy, Thomas G. Kelch

Maryland Law Review

No abstract provided.


University Of Richmond Law Review Jan 1993

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Fishing In Muddy Waters: Clarifying The Common Pool Analogy As Applied To The Standard For Commencement Of A Bankruptcy Case, Susan Block-Lieb Jan 1993

Fishing In Muddy Waters: Clarifying The Common Pool Analogy As Applied To The Standard For Commencement Of A Bankruptcy Case, Susan Block-Lieb

American University Law Review

No abstract provided.


Patterns In The Bankruptcy Reorganization Of Large Publicly Held Companies, Lynn M. Lopucki, William C. Whitford Jan 1993

Patterns In The Bankruptcy Reorganization Of Large Publicly Held Companies, Lynn M. Lopucki, William C. Whitford

UF Law Faculty Publications

Several recent articles contend that Chapter of the Bankruptcy Code does not provide efficient procedures for redressing the financial distress of large firms. The authors of these articles argue that the creditors of a financially distressed firm would fare better if the corporation's problems were resolved in some other way. The argument has proceeded principally on a theoretical level, since it is virtually impossible to know for certain how firms that have been in Chapter 11 would have fared under a different procedure. We recently completed an extensive empirical study of forty-three Chapter 11 cases involving large, publicly held firms. …


Corporate Governance In The Bankruptcy Reorganization Of Large, Publicly Held Companies, Lynn M. Lopucki, William C. Whitford Jan 1993

Corporate Governance In The Bankruptcy Reorganization Of Large, Publicly Held Companies, Lynn M. Lopucki, William C. Whitford

UF Law Faculty Publications

Part I of this Article describes the context in which the issues of corporate governance typically arise and the common sources of conflict among management, shareholders, and creditors. We also review other studies which bear on the corporate governance issues we address. Part II describes the sources of management power and the means by which that power is limited or controlled by various constituencies. In Part III, we examine the uses managements made of their power. We attempt to assess how much power managements had and for whose benefit they applied it. In Parts II and III, our discussion is …


The Trouble With Chapter 11, Lynn M. Lopucki Jan 1993

The Trouble With Chapter 11, Lynn M. Lopucki

UF Law Faculty Publications

The length of time companies remain in bankruptcy reorganization is critically important. During that time, the business is at risk because management incentives are inappropriate, professional fees accrue at a rapid rate, and business uncertainties increase. Creditors may be injured because the reorganizing debtor does not make payments during the case and because some creditors are not entitled to accrue interest during the pendency of the case. In this Article, Professor LoPucki presents data from several studies showing approximately a 150% increase from 1964 to 1987 in the median time companies spend in Chapter 11. Using data from other studies, …


The Attack On Chapter 11, Douglass G. Boshkoff Jan 1993

The Attack On Chapter 11, Douglass G. Boshkoff

Articles by Maurer Faculty

No abstract provided.


Bankruptcy In The Seventh Circuit: 1992, Douglass Boshkoff Jan 1993

Bankruptcy In The Seventh Circuit: 1992, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.


Setoff And Bankruptcy, Lawrence Kalevitch Jan 1993

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 …


The Bifurcation Of Undersecured Residential Mortgages Under Sec. 1322(B)(2) Of The Bankruptcy Code: The Final Resolution, Veryl Victoria Miles Jan 1993

The Bifurcation Of Undersecured Residential Mortgages Under Sec. 1322(B)(2) Of The Bankruptcy Code: The Final Resolution, Veryl Victoria Miles

Scholarly Articles

In August of 1992 the Fifth Circuit Court of Appeals, in its decision in Nobleman v. American Savings Bank (In re Nobleman), interpreted § 1322(b)(2) of the Code as prohibiting the bifurcation of a claim secured only by a lien against a debtor's principal residence. This decision is contrary to the position taken previously by the Courts of Appeals for the Second, Third, Ninth and Tenth Circuits on the same question. On December 7, 1992 the Supreme Court granted a petition for certiorari, filed by the debtor in Nobleman, to resolve the split now existing among the courts of appeals. …


Dewsnup V. Timm And Nobelman V. American Savings Bank: The Strip Down Of Liens In Chapter 12 And Chapter 13 Bankruptcies, William E. Callahan, Jr. Jan 1993

Dewsnup V. Timm And Nobelman V. American Savings Bank: The Strip Down Of Liens In Chapter 12 And Chapter 13 Bankruptcies, William E. Callahan, Jr.

Washington and Lee Law Review

No abstract provided.


Case Comments B. Bankruptcy Willis V. Celotex Corp Jan 1993

Case Comments B. Bankruptcy Willis V. Celotex Corp

Washington and Lee Law Review

No abstract provided.


Bankruptcy: The Sale Of Property Under Section 363: The Validity Of Sales Conducted Without Proper Notice, Philip A. Schovanec Jan 1993

Bankruptcy: The Sale Of Property Under Section 363: The Validity Of Sales Conducted Without Proper Notice, Philip A. Schovanec

Oklahoma Law Review

No abstract provided.


Annual Survey Of Virginia Law: Bankruptcy Law, Michael A. Condyles Jan 1993

Annual Survey Of Virginia Law: Bankruptcy Law, Michael A. Condyles

University of Richmond Law Review

This article is intended to advise the general practitioner of significant recent developments that have occurred in the bankruptcy area during the period April 1992 through April 1993. Virginia and federal decisions issued by the Court of Appeals for the Fourth Circuit involving bankruptcy related matters are the main focus of this article.


Bankruptcy—A Fraudulent Conveyance Action And A Lis Pendens May Create A Lien Which Survives A Bankruptcy Discharge. Clark V. Bank Of Bentonville., Mary Krikorian Jan 1993

Bankruptcy—A Fraudulent Conveyance Action And A Lis Pendens May Create A Lien Which Survives A Bankruptcy Discharge. Clark V. Bank Of Bentonville., Mary Krikorian

University of Arkansas at Little Rock Law Review

No abstract provided.


In Re Chateaugay Corp.: An Argument For Legislative Intervention In The War Between Cercla And The Bankruptcy Code, Arnold E. Capriotti Jr. Jan 1993

In Re Chateaugay Corp.: An Argument For Legislative Intervention In The War Between Cercla And The Bankruptcy Code, Arnold E. Capriotti Jr.

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross Jan 1993

Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.


In Re Grabill Corporation: Another No For Jury Trials In The Bankruptcy Courts, William J. Delany Jan 1993

In Re Grabill Corporation: Another No For Jury Trials In The Bankruptcy Courts, William J. Delany

Villanova Law Review (1956 - )

No abstract provided.