Bankruptcy Law Commons^™

Administration Of Entireties Property In Bankruptcy, Rodger A. Heaton

Indiana Law Journal

No abstract provided.

Workers' Rights Against A Bankrupt Employer, Nancy L. Lowndes

William & Mary Law Review

No abstract provided.

I. Bankruptcy

Washington and Lee Law Review

No abstract provided.

Mcguire V. Manufacturers & Traders Trust Co. (In Re Mcguire), 37 Bankr. 365 (Bankr. M.D. Fla. 1984), James R. Klindt

Florida State University Law Review

Florida Homestead Exemption-PROCEEDS FROM THE VOLUNTARY SALE OF A HOMESTEAD-A SHIELD OR A TRAP FOR THE DEBTOR?

The Bankruptcy Amendments And Federal Judgeship Act Of 1984: A Step Backward In Reducing Jurisdictional Delay, 19 J. Marshall L. Rev. 219 (1985), James F. Martin

UIC Law Review

No abstract provided.

Classification Of Unsecured Claims In Chapter 13 Of The Bankruptcy Reform Act Of 1978: What Is Fair?, James B. Mclaughlin Jr., Robert W. Nelms

Campbell Law Review

The subject of the classification of unsecured claims in Chapter 13 is a subject which has been written about before. There have also been several informative and well written articles dealing with Chapter 13 in general, which also refer to the problem of classification of claims in Chapter 13. This article will not attempt to reiterate the principles and concepts stated in those articles.

Installment Land Contracts--The National Scene Revisited, Dale A. Whitman, Grant S. Nelson

Faculty Publications

In 1977 we published an article in this Review that discussed the legal aspects of the installment land contract. The installment contract was then, and continues to be, widely used as a device for seller financing of real estate. In our judgment, and increasingly in the judgment of the courts, that is a mistake. Few situations, if any, would lead an informed lawyer to advise his client to use an installment contract rather than its financing cousin, the note secured by a mortgage or deed of trust. Since the prior article was published, the courts have continued to place impediments …

Bankruptcy: Pre-Petition Acceleration Of Mortgage Debt On Principal Residence - Arrearages May Be Cured Under Chapter 13 Plan And Original Payment Schedule Reinstated., Laura Ann Frase

St. Mary's Law Journal

Abstract Forthcoming.

Insolvencies In Farming And Agribusinesses, Stewart E. Bland

Kentucky Law Journal

No abstract provided.

Is An Ira Exempt Property Under The Kentucky Exemption Statute Krs Section 427.150(1)(B)?, Kevin Charles Dicken

Kentucky Law Journal

No abstract provided.

Troubled Times: The Farm Debtor Under The Amended Bankruptcy Code, Margaret Rosso Grossman

Oklahoma Law Review

No abstract provided.

Troubled Times: The Farm Debtor Under The Amended Bankruptcy Code, Margaret Rosso Grossman

Oklahoma Law Review

No abstract provided.

Bankcard's Revenge: A Critique Of The 1984 Consumer Credit Amendments To The Bankruptcy Code, Paul M. Black, Michael J. Herbert

University of Richmond Law Review

Virtually from the enactment of the Bankruptcy Code in 1978, creditors attempted to roll back what they perceived to be the Code's undue bias toward bankrupts. The Code was branded a debtor's paradise practically beckoning borrowers to shed their debts painlessly and needlessly. It was certainly true that the number of bankruptcy filings rose substantially during the late 1970's and early 1980's, and that some creditors attributed at least some of this to the Code's presumed generosity. Whether the Code actually caused any of the increase in filings is, to put it mildly, controversial. Other factors, most significantly the general …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Duress is Available Defense in Mitigation of Charges of Illegally Transporting Aliens into the United States--Pollgreen v. Morris slip op. No. 84-5217 (11th Cir. Sept. 17, 1985).

Foreign Debtor not Compelled to File for Ancillary Proceeding under Bankruptcy Code; Court may grant Comity to Pending Foreign Bankruptcy Proceeding--Cunard SteamshipCo. Ltd. v. Salen Reefer Services A.B., 773 F.2d 452 (2d Cir.1985).

Forum Selection Clause in Contract between Two Sovereigns is not Waiver of Right to Remove--Proyecfin de Venezuela v. Banco Industrial de Venezuela, 760 F.2d 390 (2d Cir.1985).

Fifth Circuit Overrides Admiralty Rule and Invokes Provisions of Arbitration Treaty--Sedco, Inc. v. …

Competing Policies In Bankruptcy: The Governmental Exception To The Automatic Stay, William Murray Tabb

Faculty Articles

No abstract provided.

Chapters 11 And 13 Of The Bankruptcy Code--Observations On Using Case Authority From One Of The Chapters In Proceedings Under The Other, David G. Epstein

Law Faculty Publications

This Article will focus on the relationship between Chapter 11 and Chapter 13 of the Bankruptcy Code. A number of issues are similar or identical in Chapter 11 and Chapter 13. Furthermore, much of the language of Chapter 13 mirrors that of Chapter 11. This Article explores whether courts should apply case law and concepts of one chapter when similar issues arise in proceedings under the other chapter. Parts II and III of this Article address basic similarities and differences between Chapters 11 and 13. Parts IV, V, and VI examine three issues governed by statutory language common to both …

The Preemption Of Bankruptcy-Only Exemptions, Joseph Lamport

Cardozo Law Review

No abstract provided.

The Voidability Of Security Interests In Tax Refunds Under Section 547 Of The Bankruptcy Code, Howard Kern

Cardozo Law Review

No abstract provided.

Standby Letters Of Credit And Fraud (Is The Standby Only Another Invention Of The Goldsmiths In Lombard Street?), John F. Dolan

Cardozo Law Review

No abstract provided.

Marshaling Assets In Bankruptcy: Recent Innovations In The Doctrine, Moses Lachman

Cardozo Law Review

No abstract provided.

Tacking A True Course For Maritime Liens On Freight, Uriel P. Bauer

Cardozo Law Review

No abstract provided.

Garnishment Payments: Voidable Preferences In Bankruptcy?, Susan J. Samuels

Cardozo Law Review

No abstract provided.

Collective Bargaining In Chapter 11 And Beyond, B. Glenn George

Faculty Publications

No abstract provided.

Future Nonadvance Obligations Under Article 9 Of The Ucc: Legitimate Priority Or Unwarranted Squeeze-Out?, Jeanne L. Schroeder, David G. Carlson

Articles

The article critiques the Second Circuit's decision in Dick Warner Cargo Handling Corp. v. Aetna Business Credit, Inc., arguing that it unfairly prioritizes revolving credit financiers over lien creditors by reviving the unitary theory of security interests under Article 9 of the UCC. The authors defend the multiple theory, asserting that security interests for advances and nonadvance obligations should be treated separately, and that the court's ruling undermines the balance intended by the 1972 UCC amendments.

Postpetition Transfers In Bankruptcy, Darrell W. Dunham

University of Miami Law Review

No abstract provided.

The Tax Benefit Rule -- A Judicially Broadened Tool For Transactional Tax Equity, Jerry N. Smith

Vanderbilt Law Review

In light of the recent Supreme Court holding in United States v. Bliss Dairy, Inc.10 that the tax benefit rule requires income recognition by a corporation when it distributes previously expensed assets in complete liquidation, this Note assesses the dubious continued vitality of the tax benefit rule's single taxpayer construct-that is, the requirement that the same individual or entity serve as both the deducting and the recovering taxpayer. As the following analysis indicates, expansion of the tax benefit rule into a multiple taxpayer construct potentially requires some form of "recapture" in numerous factual settings previously considered non-taxable under existing nonrecognition …

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 …

Title Iii Of The Bankruptcy Amendments Act Of 1984: The Substantive Changes, Lucinda Mcdaniel

University of Arkansas at Little Rock Law Review

No abstract provided.

The Continuing Puzzle Of Secured Debt, Alan Schwartz

Vanderbilt Law Review

In 1981, I wrote an article showing that no good answer had been given to the question why corporations issue some debt on a secured basis and other debt on an unsecured basis.' This showing had normative implications because claims that the institution of personal property security is efficient or otherwise desirable must be impeached if the actual purposes that security serves are unknown. Consequently, the law's favorable treatment of secured debt-for example, giving it first place in bankruptcy distributions--is without plausible support. My article did not advocate repealing the privileges attached to secured debt, however, because then--current knowledge also …

Treatment Of Time-Share Interests Under The Bankruptcy Code, Mark C. Eriks

Indiana Law Journal

No abstract provided.