Bankruptcy Law Commons^™

Iv. Bankruptcy & Creditors' Rights

Washington and Lee Law Review

No abstract provided.

Lifting The Cloud Of Uncertainty Over The Repo Market: Characterization Of Repos As Separate Purchases And Sales Of Securities, William F. Hagerty, Iv

Vanderbilt Law Review

In light of the actual and potential financial harm that repo investors faced after failures of several repo market participants,this Note proposes a new legal characterization of repos and argues for adoption of proposed Bankruptcy Code amendments pertaining to repos. Both of these suggestions would give repo investors significant future financial protection without destroying the financially attractive characteristics of repurchase agreements.

Part II of this Note begins laying the foundation for this proposal by discussing current repo market problems that the failures of several repoissiers have exposed.

Part II discusses new policies concerning the appropriate uses of the collateral securities …

Testing The Limits Of The Bankruptcy Court's Exclusive Jurisdiction In Fraud Cases: Discharge Vs. Criminal Restitution, Blake Atkin

BYU Law Review

No abstract provided.

An Overview Of Workouts From The Perspective Of The Institutional Lender, Richard M. Rosenberg

Loyola University Chicago Law Journal

No abstract provided.

An Uneasy Relationship Between The Bankruptcy Reform Act And The Uniform Commercial Code: Delayed And Continued Perfection Of Security Interests, George L. Dawson

UF Law Faculty Publications

The widespread adoption of article 9 of the Uniform Commercial Code in the 1950s and 1960s resulted in an ‘uncertain correlation’ between state personal property security law and the Bankruptcy Act of 1898. Although the Bankruptcy Act of 1898 frequently relied upon existing state law to determine the validity of a secured creditor's interest in the personal property of a bankruptcy debtor, its provisions were more compatible with pre-Code personal property security law. As a result, courts often struggled to reconcile the meanings of the two statutes.

The enactment of the Bankruptcy Reform Act of 1978 held out the promise …

Toward A Reform Of The Six-Year Bar To Discharge In Bankruptcy, David C. Williams

Articles by Maurer Faculty

Since early in this century, the six-year bar to discharge has been a familiar feature of bankruptcy law: a debtor who has once been adjudicated a bankrupt and granted a discharge has traditionally been unable to obtain another discharge for six years afterwards. The continued vitality of the measure, originally applicable to all forms of bankruptcy available, is now uncertain and controversial under the new chapter proceedings. The confusion surrounding the six-year bar suggests the need for a fresh consideration of the purposes of the rule. This Note examines the bar's animating rationale and the status of the bar under …

The Bildisco Case And The Congressional Response, James J. White

Articles

Section 365 of the Bankruptcy Reform Act authorizes one in bankruptcy to "assume or reject any executory contract ...of the debtor." The most frequent use of the section arises when a lessee goes into Chapter 11 and decides either to reject its real estate lease with its lessor or, if the lease is at a favorable rental rate, to assume it and assign it to another. A less frequent but more controversial use of section 365 is to reject one's collective bargaining agreement with his employees.

Efficiency Justifications For Personal Property Security, James J. White

Articles

In February of 1983 Pan American World Airways issued 100 million dollars of convertible secured notes. As security for these notes it put up three Boeing 747 SP aircraft, two 747-100 aircraft, and one McDonnell Douglas DC10-30. The appraised value of these aircraft was 157 million dollars. To the extent possible under the law, Pan American made these aircraft subject to the claims of the owners of the new notes. On default, the note holders would have the first claim on these aircraft, would have the right to repossess them outside of bankruptcy, and would have the right to the …

Erisa Plans As Property Of Individuals' Bankruptcy Estates, Elynn Lambert

Cardozo Law Review

No abstract provided.

Contempt And The Automatic Stay Of The 1978 Bankruptcy Code: Are They Compatible, J. Steven Feldman

Cardozo Law Review

No abstract provided.

Judicial Lien Priorities Under Article 9 Of The Uniform Commercial Code: Part I, David G. Carlson, Paul M. Shupack

Cardozo Law Review

No abstract provided.

Unexpired Leases In Bankruptcy: Rights Of The Affected Mortgagee, Peter A. Alces

Faculty Publications

No abstract provided.

The Effects Of West Virginia's Bankruptcy Exemption Statute On Resident Debtors, Julia A. Chincheck

West Virginia Law Review

No abstract provided.

Confronting Close Corporate Status In West Virginia: Alternative Theories To Prevent Abuse To The Detriment Of Creditors, William E. Galeota

West Virginia Law Review

No abstract provided.

The Proper Application Of Marshaling On Behalf Of Unsecured Creditors, Michael W. Mosman

BYU Law Review

No abstract provided.

Monetary Awards To The Debtor For Violations Of The Automatic Stay, Jeffrey A. Stoops

Florida State University Law Review

No abstract provided.

Bankruptcy—Eighth Circuit's Analysis Of The Chapter 13 Good Faith Requirement, Robert Victor Harper

University of Arkansas at Little Rock Law Review

No abstract provided.

Interstate Gas Pipeline Ratemaking And Contract Implications, Henry E. Brown

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

61 pages.

Contains references.

Contains 7 attachments.

Creditors’ Rights Involved In The Production And Sale Of Natural Gas, William M. Schultz

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

101 pages (includes forms).

Contains 6 attachments.

Section 311 And 312 Of The Natural Gas Policy Act Of 1978 And Hinshaw Pipelines, Lauren Eaton

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

5 pages.

Drafting And Interpreting Sensitive Gas Purchase Contract Provisions, William D. Watson

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

8 pages.

Off-System Sales: Will They Ever Return?, Paul F. O'Konski

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

5 pages.

Off-System Sales – Will They Ever Return? (The Interstate Side), Robert C. Mchugh

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

27 pages (includes illustrations).

Contains 2 pages of references.

Contains 1 attachment.

The Natural Gas Industry In Transition, Ruth A. Maurer

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

10 pages (includes illustrations).

Legislative Prospects For Wellhead Pricing Of Natural Gas, Richard G. Morgan

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

162 pages.

Contains 16 attachments.

Contractual And Other Considerations Affecting Producers, Pipelines And Distributors During Current Period Of Market Demand Constraints [Outline], Michael J. Manning

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

6 pages.

Agenda: Natural Gas Symposium: Contract Solutions For The Future Of Regulatory Environment, University Of Colorado Boulder. Natural Resources Law Center, University Of Houston. Law Center

Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)

Contents:

The natural gas industry in transition / Ruth A. Maurer -- Legislative prospects for wellhead pricing of natural gas / Richard G. Morgan -- Off-system sales : will they ever return? : the interstate side / Robert C. McHugh -- Off-system sales : will they ever return? / Paul F. O'Konski -- Contractual and other considerations affecting producers, pipelines and distributors during current period of market demand constraints / Michael J. Manning -- Section 311 and 312 of the Natural Gas Policy Act of 1978 and Hinshaw pipelines / Lauren Eaton -- Drafting and interpreting sensitive gas purchase contract …

Bankruptcy Law In Perspective: A Rejoinder, Theodore Eisenberg

Cornell Law Faculty Publications

Professor Harris challenges my argument that bankruptcy reform takes place in an environment too isolated from the rest of the legal world. He also challenges each of the three illustrations I offered to support my thesis. Discussion of his views on the environment in which reform occurs is best deferred until after discussion of his analysis of my three illustrations.

Corporations - Under Delaware Law, Majority Shareholders Have No Duty To Ensure That Minority Shareholders Benefit From A Contractual Corporate Dividend Distribution Policy Where The Latter's Changed Circumstances Preclude Enjoyment Of The Benefit, Gregory F. Lepore

Villanova Law Review (1956 - )

No abstract provided.

Bankruptcy - Section 522(B)(2)(B) - Debtor May Not Exempt Pennsylvania Entireties Property Subject To An Existing Judgment Against Both Debtor And Spouse On A Joint Debt, Jennifer G. Leps

Villanova Law Review (1956 - )

No abstract provided.