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Articles 3001 - 3030 of 3935
Full-Text Articles in Bankruptcy Law
A Review Of The Maryland Construction Trust Statute Decisions In The Court Of Appeals Of Maryland And The United States Bankruptcy Court For The District Of Maryland, David F. Albright Jr.
A Review Of The Maryland Construction Trust Statute Decisions In The Court Of Appeals Of Maryland And The United States Bankruptcy Court For The District Of Maryland, David F. Albright Jr.
University of Baltimore Law Review
No abstract provided.
Bankruptcy Law - Third Circuit Applies Section 1110 Of Bankruptcy Code To Sale-Leaseback Transactions, Sherri L. Albert
Bankruptcy Law - Third Circuit Applies Section 1110 Of Bankruptcy Code To Sale-Leaseback Transactions, Sherri L. Albert
Villanova Law Review (1956 - )
No abstract provided.
Why Have Chapter 11 Bankruptcies Failed So Miserably? A Reappraisal Of Congressional Attempts To Protect A Corporation's Net Operating Losses After Bankruptcy, Michelle A. Cecil
Why Have Chapter 11 Bankruptcies Failed So Miserably? A Reappraisal Of Congressional Attempts To Protect A Corporation's Net Operating Losses After Bankruptcy, Michelle A. Cecil
Faculty Publications
This Article will first outline the history of judicial and statutory limitations on the free transferability of net operating losses, highlighting congressional attempts to afford more favorable treatment to troubled corporations reorganizing in Title 11 proceedings. It will then examine the operation of section 382 of the 1986 Code, again focusing on those provisions designed to assist in the successful reorganization of these corporations, and will demonstrate the wholesale inability of these provisions to preserve the net operating losses of troubled corporations. Finally, the Article will propose an amendment to section 382 that would increase the likelihood that corporations will …
Bankruptcy Law - The Exemption Of Erisa-Qualified Plans From The Bankruptcy Estate, James A. Boyd Jr.
Bankruptcy Law - The Exemption Of Erisa-Qualified Plans From The Bankruptcy Estate, James A. Boyd Jr.
Villanova Law Review (1956 - )
No abstract provided.
Erisa: Anti-Alienation Superiority In Bankruptcy, George Lee Flint Jr.
Erisa: Anti-Alienation Superiority In Bankruptcy, George Lee Flint Jr.
West Virginia Law Review
No abstract provided.
Running The Asylum: Governance Problems In Bankruptcy Reorganizations, Christopher W. Frost
Running The Asylum: Governance Problems In Bankruptcy Reorganizations, Christopher W. Frost
Law Faculty Scholarly Articles
Like much of life, the study of bankruptcy is the study of leverage. Chapter 11 of the United States Bankruptcy Code may be appropriately described as providing a framework within which interested parties may negotiate solutions to the problems facing a troubled company. The allocation of leverage to the negotiating parties is critical to the ultimate outcome of the process. In any negotiation setting control over the bargaining process is a key item of leverage. This Article proposes a framework for analysis and suggests solutions to the problem of control over corporations during the pendency of a Chapter 11 reorganization …
Annual Survey Of Virginia Law: Bankruptcy Law, Michael A. Condyles
Annual Survey Of Virginia Law: Bankruptcy Law, Michael A. Condyles
University of Richmond Law Review
This survey article reviews and analyzes legislative and judicial developments that have occurred in bankruptcy law between April, 1991 and April, 1992. The article is intended to alert the general practitioner to significant recent developments in the bankruptcy area. Legislative changes made to Virginia statutory law and federal bankruptcy decisions issued within the Fourth Circuit are the focus of this article.
Erisa: Anti-Alienation Superiority In Bankruptcy, George Lee Flint Jr
Erisa: Anti-Alienation Superiority In Bankruptcy, George Lee Flint Jr
Faculty Articles
Both ERISA and the Bankruptcy Code consider the issue of debtor-participant’s interest in certain pension trusts when an action has been undertaken against the bankrupt debtor participant’s estate. Many jurisdictions have offered conflicting views on the handling of the interest. These conflicts create litigious interpretation and choice of law problems and place plan administrators at risk for breach of fiduciary duty depending on jurisdictional interpretation. Paying-out a bankruptcy trustee’s turnover demand could affect the tax qualified status of the pension plan, thereby hurting all plan participants. ERISA’s preemption provision was drafted to create uniformity among the states in interpreting employee …
Legislation: Congressional Initiatives: The Forgotten Constraint: Bankruptcy Legislation And The Uniformity Clause, Jonathan Van Patten
Legislation: Congressional Initiatives: The Forgotten Constraint: Bankruptcy Legislation And The Uniformity Clause, Jonathan Van Patten
Faculty Publications
No abstract provided.
Bankruptcy-Based Discrimination, Douglass G. Boshkoff
Bankruptcy-Based Discrimination, Douglass G. Boshkoff
Articles by Maurer Faculty
No abstract provided.
Environmental Impediments To Bankruptcy Reorganizations, James K. Mcbain
Environmental Impediments To Bankruptcy Reorganizations, James K. Mcbain
Indiana Law Journal
No abstract provided.
Postpetition Lending Under Section 364: Issues Regarding The Gap Period And Financing For Prepackaged Plans, David G. Epstein
Postpetition Lending Under Section 364: Issues Regarding The Gap Period And Financing For Prepackaged Plans, David G. Epstein
Law Faculty Publications
If the priorities provided by section 364(c) are insufficient to entice potential lenders to provide sufficient :financing to a Chapter 11 debtor, the debtor may, with the court's approval, obtain credit by granting the lender a lien on property of the debtor that is senior to existing liens on such property (a "priming lien"). The granting of such a priming lien, however, is subject to several statutory conditions. First, as with section 364(c), the debtor must prove that it cannot obtain credit on any less intrusive basis (i.e., through the use of section 364(a), (b), or (c)). Second, the debtor …
Bankruptcy In The Seventh Circuit: 1991, Douglass Boshkoff
Bankruptcy In The Seventh Circuit: 1991, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Privatization And Economic Rights In Central Europe, Robert Jystad
Privatization And Economic Rights In Central Europe, Robert Jystad
Cardozo Journal of International and Comparative Law
The article advocates for the reevaluation and adaptation of economic rights in the context of Eastern Europe's transition from communism to market economies, particularly focusing on the challenges posed by privatization. It critiques the U.N.'s approach to full employment as overly idealistic and proposes a Rawlsian principle of fairness, emphasizing equality of opportunity and nondiscrimination, to guide economic reforms. The analysis examines legislative responses in Poland, Hungary, and the Czech and Slovak Federal Republic (CSFR), highlighting the tension between economic reform and social protections. The article concludes that the success of these transitions depends on addressing unfair asset distribution and …
The Flip Side Of Twist Cap: Letters Of Credit As Executory Contracts In Bankruptcy, Stephen M. Mcjohn
The Flip Side Of Twist Cap: Letters Of Credit As Executory Contracts In Bankruptcy, Stephen M. Mcjohn
Suffolk University Law School Faculty Works
This article analyzes the treatment of letters of credit as executory contracts in bankruptcy. Some courts had stated that the bankruptcy of the beneficiary terminates a letter of credit. This article concludes that decisions were incorrect in treating a letter of credit as an executory contract to provide financial accommodations to the beneficiary. A letter of credit is not a means to provide credit to the beneficiary: it is a means to provide credit to the applicant (and thereby allowing the applicant and beneficiary to avoid extending credit to each other). The issuer is not dependent on the credit risk …
Secured Creditors And Expenses Of Bankruptcy Administration, David G. Carlson
Secured Creditors And Expenses Of Bankruptcy Administration, David G. Carlson
Articles
In any complex bankruptcy proceeding one of the most poignant questions facing the parties and the court is who must pay the trustee's expenses. In addition to routine administrative costs, such expenses may include costs of disposing of estate assets, or, in reorganization proceedings, expenses necessary to preserve the assets and going-concern value of the debtor's business. In this Article, Professor David Gray Carlson undertakes a comprehensive examination of the law of bankruptcy expense allocation through the lens of Bankruptcy Code section 506(c), the trustee's principle tool for charging expenses to secured creditors. After a careful examination of priority and …
Bankruptcy Theory And The Creditors' Bargain, David G. Carlson
Bankruptcy Theory And The Creditors' Bargain, David G. Carlson
Articles
The article critiques the traditional "simple creditors' bargain" theory in bankruptcy law, arguing that it fails to align with libertarian principles due to its inability to justify bankruptcy discharges and its exclusion of debtors and non-creditors. It then explores an "expanded creditors' bargain," which attempts to address distributive aspects but ultimately falls short by excluding non-consensual creditors and failing to explain why contractual risk allocation is insufficient. The analysis highlights the theory's shortcomings in handling various creditor types and risks, questioning its validity in explaining bankruptcy law.
A Void In Avoidance Powers? The Bankruptcy Trustee's Inability To Assert Damages Claims On Behalf Of Creditors Against Third Parties, Bryan D. Hull
A Void In Avoidance Powers? The Bankruptcy Trustee's Inability To Assert Damages Claims On Behalf Of Creditors Against Third Parties, Bryan D. Hull
University of Miami Law Review
No abstract provided.
Premerger Review And Bankruptcy: The Meaning Of Section 363(B)(2), Robert B. Greenbaum, Alan J. Meese
Premerger Review And Bankruptcy: The Meaning Of Section 363(B)(2), Robert B. Greenbaum, Alan J. Meese
Popular Media
No abstract provided.
The Priority Battle Over Returned And Repossessed Goods, Michael A. Birrer
The Priority Battle Over Returned And Repossessed Goods, Michael A. Birrer
Vanderbilt Law Review
Article 9 of the Uniform Commercial Code (the Code) governs secured transactions in personal property and fixtures.' When more than one creditor has a security right in the same piece of collateral, the Article 9 rules of priority determine the order in which each creditor may satisfy his claim. The creditor with the highest priority rank gets paid first, and, if his claim exceeds the amount of the proceeds, junior creditors take nothing. Consequently, creditors want to determine their priority rights in collateral before extending credit. If one creditor determines that another creditor will have priority over its security interest, …
Creditor Beware: From Default Through Deficiency Judgment, Wanda M. Temm
Creditor Beware: From Default Through Deficiency Judgment, Wanda M. Temm
Faculty Works
No abstract provided.
Developments In Trading Claims And Taking Control Of Corporations In Chapter 11, Chaim J. Fortgang, Thomas Moers Mayer
Developments In Trading Claims And Taking Control Of Corporations In Chapter 11, Chaim J. Fortgang, Thomas Moers Mayer
Cardozo Law Review
No abstract provided.
Claims And Control In Chapter 11 Cases: A Call For Neutrality, Herbert P. Minkel Jr., Cynthia A. Baker
Claims And Control In Chapter 11 Cases: A Call For Neutrality, Herbert P. Minkel Jr., Cynthia A. Baker
Cardozo Law Review
No abstract provided.
The Perils Of Nationwide Service Of Process In A Bankruptcy Context, Jeffrey T. Ferriell
The Perils Of Nationwide Service Of Process In A Bankruptcy Context, Jeffrey T. Ferriell
Washington and Lee Law Review
No abstract provided.
A Rule Unvanquished: The New Value Exception To The Absolute Priority Rule, Clifford S. Harris
A Rule Unvanquished: The New Value Exception To The Absolute Priority Rule, Clifford S. Harris
Michigan Law Review
This Note examines whether the new value exception remains part of the revised Bankruptcy Code. Part I discusses the background of the new value exception. Part II traces the development of the conflict concerning the survival of the new value exception subsequent to the adoption of the Code. It then discusses the Supreme Court's opinions in Mid/antic National Bank v. New Jersey Department of Environmental Protection and its progeny, which established the methodology for determining the impact of the revised Bankruptcy Code on preexisting bankruptcy law. Based on an analysis of the Midlantic doctrine, Part II concludes that Congress did …
Including Retirement Benefits In A Debtor's Bankruptcy Estate: A Proposal For Harmonizing Erisa And The Bankruptcy Code, Michelle A. Cecil
Including Retirement Benefits In A Debtor's Bankruptcy Estate: A Proposal For Harmonizing Erisa And The Bankruptcy Code, Michelle A. Cecil
Faculty Publications
This Article first examines the conflicting policies of ERISA and the Bankruptcy Code. It then explores how the various courts have attempted to reconcile these policies when faced with the issue of whether a debtor's interest in retirement plan assets should be available for distribution to creditors in bankruptcy. In analyzing the relevant case law, the Article examines cases addressing the exclusion issue (whether pension plans should be excluded from the bankruptcy estate entirely). It also evaluates cases addressing the exemption issue (whether plan assets, once included in the bankruptcy estate, can be exempted out of the estate by the …
Bankruptcy, W. Homer Drake, James W. Dilz
Bankruptcy, W. Homer Drake, James W. Dilz
Mercer Law Review
The United States Court of Appeals for the Eleventh Circuit decided numerous cases arising under the Bankruptcy Code (the "Code"), during 1990 that covered a wide spectrum of topics. The court adopted a test for analyzing the bankruptcy nexus of noncore litigation to help define the bounds of the bankruptcy court's subject matter jurisdiction. The court quelled concern over preferences in the retail automobile industry by holding that security interests perfected in accordance with state law may not be set aside in bankruptcy. The Chapter 13 practice has been changed in many bankruptcy courts in the aftermath of two appellate …
Insider Preference Recovery Against Non-Insider Creditors, Thomas E. Johnston
Insider Preference Recovery Against Non-Insider Creditors, Thomas E. Johnston
West Virginia Law Review
No abstract provided.
Chapter 13'S Liberal Discharge Provisions And "Willful And Malicious" Tort Judgments: Creditor Classification As A Means Of Accounting For The Debtor's Egregious Action, Robert L. Miller
William & Mary Law Review
No abstract provided.