Bankruptcy Law Commons^™

Foreward, David G. Epstein

Law Faculty Publications

The decision by the Board of Editors of the Mississippi College Law Review to publish a bankruptcy symposium issue is a timely one. In the boardrooms of American businesses and the kitchens of American families, more and more people are talking about bankruptcy; more and more people are deciding to file bankruptcy petitions. This increase in bankruptcy filings is in part attributable to world, national, and local economic changes, in part attributable to changes in business and society and in business and societal values, in part attributable to changes in the bankruptcy law.

Postpetition Interest Under The Bankruptcy Code, David G. Carlson

Articles

The article examines the legal ambiguity surrounding postpetition interest for undersecured creditors in bankruptcy proceedings, focusing on the Supreme Court's ruling in *Timbers of Inwood Forest*. It critiques the decision as unpersuasive and highlights the need for clearer legal frameworks to balance creditor and debtor rights, ensuring fairness and efficiency in bankruptcy cases.

Corporate Receiverships And Chapter 11 Reorganizations, Paula Whitney Bets

Cardozo Law Review

No abstract provided.

Tax Payments: Are They Voidable Preferences In Low-Asset Bankruptcies?, Jodi S. Brodsky

Cardozo Law Review

No abstract provided.

Employee Theft And Erisa: A Proposed Amendment To Garnish Pension Benefits, Bonnie H. Rattner

Cardozo Law Review

No abstract provided.

Deferred Cash Payments To Secured Creditors In Cram Down Of Chapter 11 Plans: A Matter Of Interest, Waltraud S. Scott

Washington Law Review

What is the present value of deferred payments made to secured creditors under a Chapter 11 reorganization plan? Courts agree that the present value depends on the interest rate that is used to compute the payments' value. They cannot agree, however, on how the proper interest rate should be determined. In their attempts to set a proper interest rate, most courts travel down the dead-end road of market rate analysis. Bogged down in the intricacies of this analysis, courts frequently ignore their fundamental role in bankruptcy proceedings: Resolving the tension between giving creditors protection while giving debtors a chance to …

Deferred Cash Payments To Secured Creditors In Cram Down Of Chapter 11 Plans: A Matter Of Interest, Waltraud S. Scott

Washington Law Review

What is the present value of deferred payments made to secured creditors under a Chapter 11 reorganization plan? Courts agree that the present value depends on the interest rate that is used to compute the payments' value. They cannot agree, however, on how the proper interest rate should be determined. In their attempts to set a proper interest rate, most courts travel down the dead-end road of market rate analysis. Bogged down in the intricacies of this analysis, courts frequently ignore their fundamental role in bankruptcy proceedings: Resolving the tension between giving creditors protection while giving debtors a chance to …

The Inconsistent Treatment Of Secured Tax Claims In Liquidation And Reorganization Proceedings Under The Bankruptcy Code, Steven B. Levine

Faculty Scholarship

There is general inconsistency and tension regarding the treatment of secured tax claims under the Bankruptcy Code. In order to resolve the ambiguity and tension in the Code, tax claims for the same periods should be treated alike regardless of whether one taxing authority has filed a notice of lien in the appropriate public records office or whether such claims are asserted in a reorganization or liquidation proceeding. Some of the rights and priorities associated with tax liens outside of bankruptcy must be limited so as not to harm 2 basic goals of the reorganization process. These are: 1. equitable …

Can A Debtor Void A Real Property Lien That Exceeds The Value Of The Collateral?: An Interpretation Of Section 506(D) Of The Bankruptcy Code

Washington and Lee Law Review

No abstract provided.

The 1978 Bankruptcy Reform Act's Police Or Regulatory Power Exemption To The Automatic Stay: Unnecessary, Unfounded, And Unrestrained, Robert E. Korroch

William & Mary Law Review

No abstract provided.

Does Section 524 (A)(2) Of The Bankruptcy Code Bar Criminal Prosecution Concerning Discharged Debts?, Kent A. Bieberich

William & Mary Law Review

No abstract provided.

Iii. Bankruptcy & Creditors' Rights

Washington and Lee Law Review

No abstract provided.

Bankruptcy Code Section 547(C)(5) And The Elusive Two-Point Net Improvement Test: New Math Meets Old Law, Steven D. Cook

BYU Law Review

No abstract provided.

Creditors' Rights Against Participants In A Leveraged Buyout, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

Durrett Data: Shucking The Husks From The Grain, Robert M. Zinman

Cardozo Law Review

No abstract provided.

Determining The Limits Of Postpetition Interest Under Section 506(B) Of The Bankruptcy Code: In Re Ron Pair Enterprises, Veryl Victoria Miles

Scholarly Articles

This article will consider the merits of both sides of the debate that now engulfs Section 506(b), as presented primarily by the Sixth and Fourth Circuit Courts in Ron Pair Enterprises and Best Repair, respectively. After summarizing the arguments presented and the decision of the court in Ron Pair Enterprises, the article will present an analysis of the majority and minority views on the language of Section 506(b) and offer a critical assessment of the pre-Code law on the allowance of postpetition interest on over-secured claims.

From this assessment, this article will conclude that Section 506(b) should be interpreted in …

The Public Utility In Bankruptcy: A Reality, Veryl Victoria Miles

Scholarly Articles

No abstract provided.

Comparison Of Japanese And American Bankruptcy Law, Brooke Schumm Iii

Michigan Journal of International Law

The outline and direction of this article are arranged approximately in the order of provisions under the U.S. Bankruptcy Code. The article focuses on Japanese reorganization proceedings, but necessarily discusses Japanese bankruptcy provisions at length. First, eligibility and types of proceedings are discussed. Second, commencement details and administrative provisions, including the "automatic stay" and assumption and rejection of leases and contracts are presented. Third, the debtor's duties and the handling of claims are reviewed. Fourth, liquidations are compared. Fifth, confirmation and reorganization are explored in detail. Last, a comparison of bankruptcy provisions for individuals concludes the article.

The Risks Of Insider Guaranties, Douglass G. Boshkoff

Articles by Maurer Faculty

Loan payments made within a year of a bankruptcy filing could be considered avoidable preferences if the loan were guaranteed by a corporate insider. In this article, Prof Boshkoff argues that bankers should value insider guaranties only as a second source of payment, not for any subtle pressure they may exert on the borrower.

Toward True And Plain Dealing: A Theory Of Fraudulent Transfers Involving Unreasonably Small Capital, Bruce A. Markell

Articles by Maurer Faculty

No abstract provided.

A Critical Analysis Of Bankruptcy Code Section 707(B), Wayne R. Wells, Janell M. Kurtz

Cleveland State Law Review

In response to criticism by the credit industry and the dramatic rise in the amount of consumer bankruptcy filings, a number of provisions relating to consumer credit, often referred to as the "Consumer Credit Amendments," were included in the Bankruptcy Amendments and Federal Judgeship Act of 1984....Section 707(b)9 is one of the most significant changes included in the Consumer Credit Amendments. This entirely new provision allows bankruptcy courts to dismiss a Chapter 7 petition for substantial abuse when the case is filed by an individual debtor whose debts are primarily consumer debts. The purpose of the Consumer Credit Amendments is …

11 U.S.C. § 505: Does It Allow The Bankruptcy Court To Determine A Third Party's Tax Liability?, Karen Skeens

Kentucky Law Journal

No abstract provided.

The Maryland Construction Trust Statute: New Personal Liability — Its Scope And Federal Bankruptcy Implications, David F. Albright Jr.

University of Baltimore Law Review

No abstract provided.

Casenotes: Bankruptcy — Trustee May Not Abandon Property In Contravention Of A State Statute Or Regulation That Is Designed To Protect The Public From Identified Hazards. Midlantic National Bank V. New Jersey Department Of Environmental Protection, 474 U.S. 494 (1986), Laura Jacobs Margulies

University of Baltimore Law Review

No abstract provided.

Tacit Exclusion: Defining Code Terms Using Extraneous Referents, F. Stephen Knippenberg

Faculty Articles

No abstract provided.

Public Issues In A Private Law World: The Appointment Of A Receiver As A Case Study, William E. Conklin, Jodi J. Morrison

Osgoode Hall Law Journal

This essay aims to bypass the doctrine/policy approach to contemporary legal analysis. Instead of resting content with an elaboration of legal doctrine, the authors incorporate social and economic evidence surrounding the call of a demand loan. This evidence creates an understanding of the practice of receivership law; a practice which legal doctrine inadequately describes. Secondly, instead of being content with an assertion of policy, the authors attempt to understand the practice by assessing the evidence in the light of the Greek forms of corrective justice and distributive justice.

Down And Out In Richmond, Virginia: The Distribution Of Assets In Chapter 7 Bankruptcy Proceedings Closed During 1984-1987, Michael J. Herbert, Domenic E. Pacitt

University of Richmond Law Review

An explosion of interest in the practical workings and economic significance of the bankruptcy system has, in recent years, led to many efforts to study that system through data other than that contained in reported cases. In some key respects, the mere articulation and analysis of legal rules is no longer satisfactory. Indeed, it has been argued that such analysis is sometimes scarcely relevant. This article is intended to add a little more information to that already compiled regarding the actual nature and function of modern American bankruptcy law. It further attempts to place this information into the context of …

Adequate Protection- The Equitable Yardstick Of Chapter 11, Amy S. Ashworth

University of Richmond Law Review

A debtor who files a petition for relief under the Bankruptcy Reform Act of 1978 (the Code) triggers the automatic stay provisions of the Code. The automatic stay precludes creditors from enforcing their rights in the collateral pending further order of the Bankruptcy Court. An issue which has spurred continued controversy is whether undersecured creditors who are stayed from repossessing their collateral are entitled to compensation for the delay in enforcing their rights in the collateral. It is agreed that the concept of adequate protection provides for the preservation of the value of the collateral due to its use, depreciation, …

A Comparison Of Farm Bankruptcies In Chapter 11 And The New Chapter 12, Janet A. Flaccus

University of Arkansas at Little Rock Law Review

No abstract provided.

Bankruptcy - A Debtor Under Reorganization Pursuant To Chapter 11 Of The Bankruptcy Code Cannot Designate The Allocation Of Its Priority Tax Liabilities, Richard Silpe

Villanova Law Review (1956 - )

No abstract provided.