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Articles 3181 - 3210 of 3935
Full-Text Articles in Bankruptcy Law
Personal Bankruptcy Under The 1978 Bankruptcy Code: An Economic Analysis, Michelle J. White
Personal Bankruptcy Under The 1978 Bankruptcy Code: An Economic Analysis, Michelle J. White
Indiana Law Journal
No abstract provided.
United States Judicial Assistance In Cross-Border Insolvencies, Douglass G. Boshkoff
United States Judicial Assistance In Cross-Border Insolvencies, Douglass G. Boshkoff
Articles by Maurer Faculty
No abstract provided.
Adequate Assurance Of Payment Under Section 366 Of The Bankruptcy Code: A Term For Interpretive Flexibility Or Judicial Confusion?, Veryl Victoria Miles
Adequate Assurance Of Payment Under Section 366 Of The Bankruptcy Code: A Term For Interpretive Flexibility Or Judicial Confusion?, Veryl Victoria Miles
Scholarly Articles
This article will focus on the interpretive struggle that the courts have encountered in making determinations of what constitutes adequate assurance of payment under section 366 and how this struggle might be eliminated so as to make compliance with the requirements of adequate assurance of payment less of a problem for the utility and bankrupt debtor. It is the thesis of this article that section 366 determinations of adequate assurance have resulted in interpretive confusion, leaving debtors and creditors with little guidance as to what criteria should be considered in negotiating an adequate assurance of payment. The recommended solution to …
China's New Bankruptcy Law: A Translation And Brief Introduction, Douglass G. Boshkoff, Yongxin Song
China's New Bankruptcy Law: A Translation And Brief Introduction, Douglass G. Boshkoff, Yongxin Song
Articles by Maurer Faculty
No abstract provided.
Defining Reasonably Equivalent Value Under Section 548(A) Of The Bankruptcy Code: Is Ristich The Answer?
Washington and Lee Law Review
No abstract provided.
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 …
Maginot Line Defenses To A Preference Action? 11 U.S.C. § 547(C )(2) & (C )(4), Charles E. Reynolds
Maginot Line Defenses To A Preference Action? 11 U.S.C. § 547(C )(2) & (C )(4), Charles E. Reynolds
University of Richmond Law Review
Suppliers of goods and services on credit understand that the recipient may be unable to pay for some or all of the goods provided or the services rendered. However, many of these suppliers have a difficult time "giving back" money previously received from a debtor who has filed for protection under the United States Bankruptcy Code. Judicial interpretation of the broadly written bankruptcy law has made it difficult to defeat a preference action instituted by a trustee in bankruptcy or a debtor-in-possession. As a result, any supplier who has several transactions with a debtor during the preference period is particularly …
Understanding The New Family Farmer Bankruptcy Act, Bruce H. Matson
Understanding The New Family Farmer Bankruptcy Act, Bruce H. Matson
University of Richmond Law Review
In response to the crisis in the United States farm economy and the inability of farmers to obtain meaningful relief from either Chapter 11 or 13 of the Bankruptcy Code, Congress passed the Bankruptcy Judges, United States Trustees and Family Farmer Bankruptcy Act of 1986 (the "Act") in October of 1986. The Act includes a new chapter in the Bankruptcy Code-Chapter 12-exclusively for family farmers. This article outlines the substantive provisions of the new Chapter 12 and who may be eligible to take advantage of this new statute. In reviewing Chapter 12, the article attempts to show how concepts from …
Bankruptcy Valuation Under Selected Liquidation Provisions, Steven L. Pottle
Bankruptcy Valuation Under Selected Liquidation Provisions, Steven L. Pottle
Vanderbilt Law Review
Chapter 7 of the Bankruptcy Code' (the Code) serves a distributive function; it is designed to distribute equitably a debtor's assets from the bankruptcy estate to creditors. All nonexempt as-sets owned by a debtor at the time of filing a petition for bankruptcy become part of the bankruptcy estate and subsequently are distributed to creditors. Generally, debtor transactions prior to the filing escape the purview of Chapter 7. If, however, a debtor distributes assets during the applicable statutory period, giving preference to some creditors' or defrauding other creditors,' the Code empowers the bankruptcy trustee to avoid those transfers.After filing, a …
Debtor Name Changes And Collateral Transfers Under 9-402(7): Drafting From The Outside-In, F. Stephen Knippenberg
Debtor Name Changes And Collateral Transfers Under 9-402(7): Drafting From The Outside-In, F. Stephen Knippenberg
Faculty Articles
No abstract provided.
Philosophy In Bankruptcy, David G. Carlson
Philosophy In Bankruptcy, David G. Carlson
Articles
The article critically examines Jackson's theories on bankruptcy law, arguing that his "creditor's bargain" model is logically inconsistent and lacks empirical support. It highlights flaws in his assumptions of creditor equality and the justification for bankruptcy discharge, ultimately concluding that his work is ad hoc and unverifiable.
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 …
Rejection Of Computer Software Licensing Agreements In Bankruptcy, Viktoria L. Gres
Rejection Of Computer Software Licensing Agreements In Bankruptcy, Viktoria L. Gres
Cardozo Law Review
No abstract provided.
Assumption Of Unexpired Leases Under Bankruptcy Code Section 365(D)(4), Ronald W. Truman
Assumption Of Unexpired Leases Under Bankruptcy Code Section 365(D)(4), Ronald W. Truman
BYU Law Review
No abstract provided.
Kelly V. Robinson, Lewis F. Powell Jr.
Constitutional Law—Due Process—Garnishment Procedures Must Provide For Notice To Postjudgment Debtor, Kathleen A. Hillegas
Constitutional Law—Due Process—Garnishment Procedures Must Provide For Notice To Postjudgment Debtor, Kathleen A. Hillegas
University of Arkansas at Little Rock Law Review
No abstract provided.
Section 707(B) Of The Bankruptcy Code: A Roadmap With A Proposed Standard For Defining Substantial Abuse, David L. Balser
Section 707(B) Of The Bankruptcy Code: A Roadmap With A Proposed Standard For Defining Substantial Abuse, David L. Balser
University of Michigan Journal of Law Reform
This Note examines these questions and proposes a standard for determining "substantial abuse." Part I provides an overview of Chapter 7 of the Bankruptcy Code. Part II discusses the legislative history of section 707(b). Part III examines the jurisdictional and procedural questions raised by the section and attempts to define what Congress meant by "primarily consumer debts" and "on [a court's] own motion." Part IV proposes a two-part standard for determining "substantial abuse." This standard suggests that courts should find "substantial abuse" whenever a debtor acts in bad faith or is able to repay 100% of his debts over the …
Bankruptcy—Labor Contribution By Juror Interest Satisfies Fair And Equitable Standard For Cram Down, Kimberly Golden
Bankruptcy—Labor Contribution By Juror Interest Satisfies Fair And Equitable Standard For Cram Down, Kimberly Golden
University of Arkansas at Little Rock Law Review
No abstract provided.
The Continuing Conflict Between Bankruptcy And Labor Law-The Issues That Bildisco And The 1984 Bankruptcy Amendments Did Not Resolve, Thomas R. Haggard
The Continuing Conflict Between Bankruptcy And Labor Law-The Issues That Bildisco And The 1984 Bankruptcy Amendments Did Not Resolve, Thomas R. Haggard
BYU Law Review
No abstract provided.
Preemption Of State Law Notice Provisions Governing The Recovery Of Attorneys' Fees By Section 506(B) Of The Bankruptcy Code, R. Wilson Freyermuth
Preemption Of State Law Notice Provisions Governing The Recovery Of Attorneys' Fees By Section 506(B) Of The Bankruptcy Code, R. Wilson Freyermuth
Faculty Publications
This note provides a framework for courts and attorneys faced with the issue whether section 506(b) preempts state law notice provisions. The note studies the language and legislative history of section 506(b), pointing out the inconsistencies and ambiguities that make it difficult to determine congressional intent. The note then surveys the various rationales advanced by the lower courts in resolving this issue. Using the recent Fourth Circuit case of Unsecured Creditors' Committee v. Walter E. Heller & Co. to illustrate several of these rationales, the note suggests that a more consistent approach to this issue is needed. After examining the …
Third-Party Computer Leases: The Effect Of The Lessor's Bankruptcy, 6 Computer L.J. 573 (1986), Charles S. Cohen
Third-Party Computer Leases: The Effect Of The Lessor's Bankruptcy, 6 Computer L.J. 573 (1986), Charles S. Cohen
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Avoidability Of Intercorporate Guarantees Under Sections 548(A)(2) And 544(B) Of The Bankruptcy Code, Scott F. Norberg
Avoidability Of Intercorporate Guarantees Under Sections 548(A)(2) And 544(B) Of The Bankruptcy Code, Scott F. Norberg
Faculty Publications
No abstract provided.
Circumventing State Court Orders Of Criminal Restitution: A Bankruptcy Loophole, 19 J. Marshall L. Rev. 449 (1986), Michelangelo Scafidi
Circumventing State Court Orders Of Criminal Restitution: A Bankruptcy Loophole, 19 J. Marshall L. Rev. 449 (1986), Michelangelo Scafidi
UIC Law Review
No abstract provided.
The Bankruptcy Dynamics Of Collective Bargaining Agreements, 19 J. Marshall L. Rev. 301 (1986), Richard L. Merrick
The Bankruptcy Dynamics Of Collective Bargaining Agreements, 19 J. Marshall L. Rev. 301 (1986), Richard L. Merrick
UIC Law Review
No abstract provided.
Labor Arbitration And Bankruptcy: A Trek Into The Serbonian Bog, Thomas R. Haggard
Labor Arbitration And Bankruptcy: A Trek Into The Serbonian Bog, Thomas R. Haggard
Loyola University Chicago Law Journal
No abstract provided.
When Lawyer And Client Meet: Observations Of Interviewing And Counseling Behavior In The Consumer Bankruptcy Law Office, Gary Neustadter
When Lawyer And Client Meet: Observations Of Interviewing And Counseling Behavior In The Consumer Bankruptcy Law Office, Gary Neustadter
Buffalo Law Review
No abstract provided.
Reaffirmation Under The Consumer Bankruptcy Amendments Of 1984: A Loser For All Concerned , Jeffrey W. Morris, Joseph E. Ulrich
Reaffirmation Under The Consumer Bankruptcy Amendments Of 1984: A Loser For All Concerned , Jeffrey W. Morris, Joseph E. Ulrich
Washington and Lee Law Review
No abstract provided.
Consequences Of Converting A Bankruptcy Case, David G. Epstein
Consequences Of Converting A Bankruptcy Case, David G. Epstein
Law Faculty Publications
This paper discusses some of the consequences of converting a bankruptcy case from one chapter to another. At present, there are four different forms of bankruptcy: chapter 7, chapter 9, chapter 11, chapter 13. Congress is currently considering creating yet a fifth form of bankruptcy for farmers. Most individual debtors are now eligible for relief under three of the chapters, 7, 11, or 13. Corporate and partnership debtors can now choose between chapter 7 and chapter 11. The various chapters of the Bankruptcy Code differ in both policy and particulars. A chapter 7 case involves liquidation of the "property of …
Torts - Joint Tortfeasors - Release In Favor Of Joint Tortfeasor Who Files Petition In Bankruptcy Before Paying Agreed Settlement Will Be Applied As Pro Rata Reduction Of Plaintiff's Judgment Against Nonsettling Joint Tortfeasors, Lisa A. Demarco
Villanova Law Review (1956 - )
No abstract provided.