Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Banking and Finance Law (806)
- Business Organizations Law (637)
- Contracts (526)
- Law and Economics (512)
- Constitutional Law (501)
-
- Legislation (462)
- State and Local Government Law (449)
- Courts (443)
- Torts (435)
- Commercial Law (429)
- Tax Law (429)
- International Law (428)
- Administrative Law (412)
- Insurance Law (406)
- Property Law and Real Estate (397)
- Criminal Law (391)
- Supreme Court of the United States (383)
- Transportation Law (383)
- Civil Law (376)
- Securities Law (368)
- Legal History (366)
- Family Law (363)
- International Trade Law (363)
- Taxation-Federal (361)
- Conflict of Laws (360)
- Organizations Law (357)
- Civil Procedure (356)
- Law and Politics (356)
- Institution
-
- University of Michigan Law School (469)
- St. John's University School of Law (422)
- Yeshiva University, Cardozo School of Law (236)
- Seattle University School of Law (207)
- Universitas Indonesia (141)
-
- Maurer School of Law: Indiana University (110)
- Vanderbilt University Law School (108)
- Emory University School of Law (99)
- Brooklyn Law School (89)
- Washington and Lee University School of Law (88)
- William & Mary Law School (83)
- University of Kentucky (66)
- Columbia Law School (63)
- University of Maryland Francis King Carey School of Law (63)
- University of Florida Levin College of Law (60)
- Fordham Law School (58)
- University of Georgia School of Law (58)
- University of Richmond (58)
- UIC School of Law (55)
- University of Tennessee College of Law (53)
- BLR (52)
- West Virginia University (52)
- Mercer University School of Law (51)
- Brigham Young University Law School (46)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (46)
- University of Miami Law School (45)
- Villanova University Charles Widger School of Law (45)
- University of Washington School of Law (44)
- American University Washington College of Law (37)
- University of Arkansas Little Rock (36)
- Keyword
-
- Bankruptcy (1300)
- Bankruptcy Law (191)
- Bankruptcy Code (189)
- Chapter 11 (189)
- Insolvency (138)
-
- Creditors (128)
- Debtor (88)
- Debt (82)
- Reorganization (78)
- Debtors (72)
- Chapter 13 (71)
- Bankruptcy law (63)
- Chapter 7 (62)
- Bankruptcy Act (61)
- Creditor (61)
- Corporations (57)
- Liquidation (56)
- Discharge (49)
- Restructuring (43)
- Commercial Law (42)
- BAPCPA (40)
- Fraud (40)
- Credit (39)
- Foreclosure (39)
- Property (39)
- Bankruptcy code (38)
- Uniform Commercial Code (37)
- Jurisdiction (35)
- Law reform (34)
- UCC (34)
- Publication Year
- Publication
-
- Bankruptcy Research Library (386)
- Michigan Law Review (351)
- Faculty Scholarship (202)
- Seattle University Law Review (194)
- Articles (146)
-
- Cardozo Law Review (124)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (122)
- Faculty Publications (109)
- Emory Bankruptcy Developments Journal (92)
- Vanderbilt Law Review (85)
- Washington and Lee Law Review (69)
- Scholarly Works (67)
- Indiana Law Journal (65)
- UF Law Faculty Publications (56)
- West Virginia Law Review (52)
- Chapter 11 Bankruptcy Case Studies (51)
- ExpressO (49)
- Mercer Law Review (46)
- Articles by Maurer Faculty (44)
- Brooklyn Journal of Corporate, Financial & Commercial Law (41)
- BYU Law Review (38)
- Villanova Law Review (1956 - ) (38)
- Washington Law Review (36)
- Kentucky Law Journal (35)
- Law Faculty Research Publications (34)
- William & Mary Law Review (33)
- UIC Law Review (30)
- University of Arkansas at Little Rock Law Review (29)
- University of Richmond Law Review (28)
- Law Faculty Publications (27)
- Publication Type
- File Type
Articles 3301 - 3330 of 3934
Full-Text Articles in Bankruptcy Law
The Constitutionality Of The Federal Magistrate System After The Northern Pipeline Decision, Kenneth J. Phelan
The Constitutionality Of The Federal Magistrate System After The Northern Pipeline Decision, Kenneth J. Phelan
Villanova Law Review (1956 - )
No abstract provided.
Bankruptcy - Section 522(D)(10)(E) - Debtor May Not Exempt Future Keogh Fund Payments From The Bankruptcy Estate, Thomas G. Spencer
Bankruptcy - Section 522(D)(10)(E) - Debtor May Not Exempt Future Keogh Fund Payments From The Bankruptcy Estate, Thomas G. Spencer
Villanova Law Review (1956 - )
No abstract provided.
Creditor Acquiescence As A Defense To An Exception To Discharge In Bankruptcy, Elizabeth Gavit Filipow
Creditor Acquiescence As A Defense To An Exception To Discharge In Bankruptcy, Elizabeth Gavit Filipow
Indiana Law Journal
No abstract provided.
Adequate Protection Under The Bankruptcy Act Of 1978, Donald Price
Adequate Protection Under The Bankruptcy Act Of 1978, Donald Price
Kentucky Law Journal
No abstract provided.
The Assumption And Rejection Of Unexpired Real Property Leases Under The Bankruptcy Code—A New Look, Scott B. Ehrlich
The Assumption And Rejection Of Unexpired Real Property Leases Under The Bankruptcy Code—A New Look, Scott B. Ehrlich
Buffalo Law Review
No abstract provided.
Partnerships And Partners Under The Bankruptcy Code: Claims And Distribution, Frank R. Kennedy
Partnerships And Partners Under The Bankruptcy Code: Claims And Distribution, Frank R. Kennedy
Washington and Lee Law Review
No abstract provided.
The Unmaking Of A Bankruptcy Court: Aftermath Of Nor Thernpipeline V. Marathon, Lawrence P. King
The Unmaking Of A Bankruptcy Court: Aftermath Of Nor Thernpipeline V. Marathon, Lawrence P. King
Washington and Lee Law Review
No abstract provided.
The Trustee Versus The Trade Creditor: A Critique Of Section 547(C)(1), (2) & (4) Of The Bankruptcy Code, Michael J. Herbert
The Trustee Versus The Trade Creditor: A Critique Of Section 547(C)(1), (2) & (4) Of The Bankruptcy Code, Michael J. Herbert
University of Richmond Law Review
The Bankruptcy Code, like its predecessor the Bankruptcy Act, permits the trustee to avoid certain preferential transfers made or suffered by the bankrupt just prior to bankruptcy. Generally, any transfer relating to an antecedent debt made to or for a creditor by an insolvent within ninety days before the filing of the bankruptcy petition is avoidable by the trustee. The trustee may sue the creditor to recover the preference. In addition, the preferred creditor will not be entitled to any dividend from the estate until the preference is repaid.
Bankruptcy: The Death Of Recording Contracts, Mitchell R. Julis, Ricardo A. Baez
Bankruptcy: The Death Of Recording Contracts, Mitchell R. Julis, Ricardo A. Baez
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Manville Bankruptcy: Treating Mass Tort Claims In Chapter 11 Proceedings, Robert L. Jones Jr.
The Manville Bankruptcy: Treating Mass Tort Claims In Chapter 11 Proceedings, Robert L. Jones Jr.
Journal Articles
The reorganization petition filed by the Manville Corporation, the nation’s largest asbestos manufacturer in 1982 is an attempt by a healthy and solvent corporation to declare bankruptcy. It differs greatly from a traditional reorganization case, which involves a debtor that knows who its creditors are and how much it owes them. Manville does not know who the majority of its creditors are or the amount of its potential tort liability. It is instead using the 1978 Bankruptcy Reform Act's Chapter 11 reorganization provisions to seek shelter from a huge but speculative tort liability. In doing so Manville presents a major …
The Recent Erosion Of The Secured Creditor's Rights Through Cases, Rules And Statutory Changes In Bankruptcy Law, James J. White
The Recent Erosion Of The Secured Creditor's Rights Through Cases, Rules And Statutory Changes In Bankruptcy Law, James J. White
Articles
One can view the law of creditors' rights as a series of cyclesin which alternatively the rights of the creditor and then those of the debtor are in ascendancy. Looking back through Americanlegislative history, one sees both the state legislatures and the Congress intervening on behalf of debtors in a variety of ways onmany occasions. An early example of such intervention was the enactment, particularly in the Midwest and West, of generous exemption laws that removed a variety of property beyond the reach of general creditors. A second example is the enactment of usury laws, which continue to be a …
The Efficacy Of Guaranty Contracts In Sophisticated Commercial Transactions, Peter A. Alces
The Efficacy Of Guaranty Contracts In Sophisticated Commercial Transactions, Peter A. Alces
Faculty Publications
Even though contracts of guaranty are not subject to uniform standards of interpretation throughout the states, both case law and statutory development have tended to evidence a strong sympathy for the guarantor. In spite of this trend, Professor Alces suggests that creditors' counsel can, through careful drafting, do much to assure the enforceability of the guaranty contract. A scrupulously structured guaranty contract, one that anticipates possible defenses to liability in explicit terms, may well be upheld, even in cases in which guarantors occupied weak negotiating positions vis-a-vis creditors. Moreover, the attack on the guaranty as a fraudulent conveyance under section …
Shopping Center Tenant Bankruptcies: A Better Balance Of Opposing Interests, Matthew J. Gould
Shopping Center Tenant Bankruptcies: A Better Balance Of Opposing Interests, Matthew J. Gould
Cardozo Law Review
No abstract provided.
The Impact Of A Solvent Corporation's Reorganization On Products Liability Claimants, Hal B. Perkins
The Impact Of A Solvent Corporation's Reorganization On Products Liability Claimants, Hal B. Perkins
Cardozo Law Review
No abstract provided.
First National Bank Of Browning V. Kittson, Et Al., No. 81-Ca-429 (Blkft. Tr. Ct., Oct. 4, 1982) 10 Ilr 6021, Blackfeet Tribal Court
First National Bank Of Browning V. Kittson, Et Al., No. 81-Ca-429 (Blkft. Tr. Ct., Oct. 4, 1982) 10 Ilr 6021, Blackfeet Tribal Court
Court Decisions
Plaintiff bank, a Montana corporation doing business within the boundaries of the Blackfeet Reservation, sought possession of the collateral used to secure a loan on which defendants had defaulted. Basing its jurisdiction on the fact that all transactions at issue "arose upon and were to be performed within" the reservation, the court orders that plaintiff is entitled to recover the collateral but is not entitled to a deficiency judgment in excess of the collateral's value because the bank continued to loan money to the defendants despite knowledge of defendants' "financial disarray."
Employers' Workmen's Compensation Obligations And The Bankruptcy Tax Priority, James B. Haines
Employers' Workmen's Compensation Obligations And The Bankruptcy Tax Priority, James B. Haines
West Virginia Law Review
No abstract provided.
Tax Treatment Of Previously Expensed Assets In Corporate Liquidations, Michigan Law Review
Tax Treatment Of Previously Expensed Assets In Corporate Liquidations, Michigan Law Review
Michigan Law Review
This Note argues that although the Tennessee-Carolina majority adopts overbroad language and ignores established tax principles, a more careful refinement of its theory will yield the same proper result, without, in most situations, departing from accepted principles. The proper inquiry must focus first on whether the corporation has received any benefit, and then on whether that gain should be exempted by the nonrecognition provisions of section 336, or on any other basis. Part I of this Note examines these questions from a theoretical perspective, and concludes that expensed assets remaining at the time of liquidation give rise to corporate income, …
The Bankruptcy Appellate Panels: An Unfinished Experiement , Lloyd D. George
The Bankruptcy Appellate Panels: An Unfinished Experiement , Lloyd D. George
BYU Law Review
No abstract provided.
Avoiding Liens Under The New Bankruptcy Code: Construction And Application Of Section 522(F), Judy Toyer
Avoiding Liens Under The New Bankruptcy Code: Construction And Application Of Section 522(F), Judy Toyer
University of Michigan Journal of Law Reform
This Note argues that strict construction of section 522(f)(2) is most consistent with congressional intent. Part I discusses the congressional rationale behind lien avoidance. Part II examines present efforts to apply section 522(f)(2), and concludes that judicial interpretation to date has proved largely inadequate. Finally, Part III proposes new judicial guidelines and statutory amendments designed to standardize application of the lien avoidance provision in a manner consistent with the congressional intent behind the Reform Act.
Bankruptcy Preference Concerns In Industrial Development Bond Financing, C. Edward Dobbs, Margaret M. Joslin
Bankruptcy Preference Concerns In Industrial Development Bond Financing, C. Edward Dobbs, Margaret M. Joslin
West Virginia Law Review
This article suggests several methods by which investors in industrial development bonds may be protected, in the event of the bankruptcy of the corporate borrower, from the preferential transfer rules of the federal bankruptcy laws. The key to protecting the investors from having payments made to them set aside by the bankruptcy trustee as voidable preferences is shown to lie in the structuring of the bond transaction. The authors indicate how proper structuring of the bond transaction may allow investors to keep pre-bankruptcy payments made by the corporate borrower, while doing no violence to the terms of section 547 of …
An Enhanced Conception Of The Bankruptcy Judge: From Case Administrator To Unbiased Adjudicator, Richard L. Levine
An Enhanced Conception Of The Bankruptcy Judge: From Case Administrator To Unbiased Adjudicator, Richard L. Levine
West Virginia Law Review
This article is intended to provide the practitioner with an understanding of some of the considerations and circumstances which have helped define the extent of power of Bankruptcy Judges. Many of these considerations are unarticulated. It is the thesis of this article that in the Bankruptcy Reform Act of 1978, Congress established two principles, difficult at first glance to reconcile. On one hand, Congress has now increased the powers of Bankruptcy Judges in most respects. But on the other hand, Congress severely restricted the extent to which judges may properly become involved in those portions of bankruptcy cases which are …
Bankruptcy Reform And The Constitution: Retroactive Application Of Section 522(F)(2) Takes Private Property, James B. Craven Iii, Pamela A. Bates-Smith
Bankruptcy Reform And The Constitution: Retroactive Application Of Section 522(F)(2) Takes Private Property, James B. Craven Iii, Pamela A. Bates-Smith
West Virginia Law Review
Bankruptcy is premised in part on the desire to allow individuals to retain enough assets to begin life over. As part of this premise, Congress enacted section 522(f)(2) of the Bankruptcy Act of 1978. This provision allows debtors to avoid nonpossessory, nonpurchase money security interests in otherwise exempt property. This provision has created problems, however, as debtors have argued that it acts retroactively to void security interests created before the Act's enactment date. In Rodrock v. Security Industrial Bank, the Supreme Court will decide whether Congress intended such retroactive application to occur, and if it did, whether such action constitutes …
Attorney Fees: Handling Bankruptcies Without Getting There Yourself, Edwin F. Flowers
Attorney Fees: Handling Bankruptcies Without Getting There Yourself, Edwin F. Flowers
West Virginia Law Review
By enacting the Bankruptcy Reform Act of 1978, Congress significantly increased the stature and influence of bankruptcy law in our legal system and in society. Consistent with this, Congress sought to improve the quality of legal services rendered to clients in bankruptcy. cases by enhancing the recoverability of attorney fees for such services. In this article, the author treats the criteria a bankruptcy court will likely employ in deciding the reasonableness and recoverability of an attorney fee for services in cases under the Reform Act. The author attempts to show that an attorney who uses some forthought and attention to …
"Value" Judgments: Accounts Receivable Financing And Voidable Preference Under The New Bankruptcy Code, Neil B. Cohen
"Value" Judgments: Accounts Receivable Financing And Voidable Preference Under The New Bankruptcy Code, Neil B. Cohen
Faculty Scholarship
No abstract provided.
Comments On The Consumer Finance Industry's Proposals To Improve The Position Of Secured Creditors In Consumer Bankruptcy Cases, Joseph E. Ulrich
Comments On The Consumer Finance Industry's Proposals To Improve The Position Of Secured Creditors In Consumer Bankruptcy Cases, Joseph E. Ulrich
Washington and Lee Law Review
No abstract provided.
Nonjudicial Foreclosure Under Deed Of Trust May Be A Fraudulent Transfer Of Bankrupt's Property: Durrett V. Washington National Insurance Co., Franklin G. Snyder
Nonjudicial Foreclosure Under Deed Of Trust May Be A Fraudulent Transfer Of Bankrupt's Property: Durrett V. Washington National Insurance Co., Franklin G. Snyder
Faculty Scholarship
In theory, the substantive rights of secured creditors such as mortgagees are affected much less by bankruptcy proceedings than those of unsecured creditors. In practice, however, bankruptcy proceedings have affected mortgagees. Filing a bankruptcy petition automatically stays pending foreclosures. Trustees in bankruptcy also can set aside foreclosures of certain liens obtained by unsecured creditors and certain mortgages and deeds of trust executed in the year preceding bankruptcy. The decision in Durrett adds yet another weapon to the bankruptcy trustee's arsenal: the power to void nonjudicial foreclosure sales even though the sale is proper and final under state law.
A Reply To Theodore Eisenberg's "Bankruptcy Law In Perspective" , Steven L. Harris
A Reply To Theodore Eisenberg's "Bankruptcy Law In Perspective" , Steven L. Harris
All Faculty Scholarship
No abstract provided.
The New Expanded Bankruptcy Court Jurisdiction Versus A State License Revocation: A Modern Clash In Federalism, Kenneth A. Graham
The New Expanded Bankruptcy Court Jurisdiction Versus A State License Revocation: A Modern Clash In Federalism, Kenneth A. Graham
SHU Faculty Publications
A significant part of the Bankruptcy Reform Act of 1978 (Act) was the expansion of the jurisdiction of the Bankruptcy Court.
Bankruptcy - Preferences - Payment To Judgment Creditor Pursuant To An Income Execution Served Before The Ninety-Day Period Is Not An Avoidable Preference, Thomas M. Binder
Bankruptcy - Preferences - Payment To Judgment Creditor Pursuant To An Income Execution Served Before The Ninety-Day Period Is Not An Avoidable Preference, Thomas M. Binder
Villanova Law Review (1956 - )
No abstract provided.