Bankruptcy Law Commons^™

Estates By The Entirety In Bankruptcy, Frank J. Spivak

University of Michigan Journal of Law Reform

This Note argues that the exemption for entirety property should be abolished. Part I examines the treatment of entirety property under the Code and illustrates the conflict between the entirety exemption and ·federal bankruptcy policy. Part II discusses procedural devices that creditors employ to subject entirety property to bankruptcy distribution.

Securities Law Disclosure Requirements For The Political Subdivision Threatened With Bankruptcy, Robert A. Fippinger

Fordham Urban Law Journal

Under what circumstances does a company violate the anti-fraud provisions of the Securities Act of 1933 or the Securities Exchange Act of 1934? This article provides an illustration of the disclosure requirements under these acts, with the municipal debt adjustment procedures of the Bankruptcy Code. The article is divided into three parts. First, it summarizes the application of federal securities law to public finance: the laws pertaining to state and political subdivision issuance of securities. The second portion highlights specific problems under Chapter 9 of the Bankruptcy Code. In this section, the author discusses specific circumstances that may likely raise …

Payments To Unsecured Creditors Under Chapter 13 Of The Bankruptcy Reform Act Of 1978, Mark H. Edwards

Indiana Law Journal

No abstract provided.

Federal Exemptions And The Opt-Out Provisions Of Section 522: A Constitutional Challenge, Tracey Nicolau Bosomworth

Indiana Law Journal

No abstract provided.

General Theory Of The Dynamics Of The State Remedies/Bankruptcy System, Lynn M. Lopucki

UF Law Faculty Publications

The term ‘state remedies/bankruptcy system’ will be used in this article to refer to the system provided by law to compel the payment of debt and to protect debtors from the collection efforts of their creditors. The division between these two purposes is reflected in the institutions which comprise the state remedies/bankruptcy system. Generally speaking, it is the state courts acting under state law such as that providing for attachment, garnishment, execution, or discovery in aid of these proceedings, that enforce the creditor's right to payment. The federal bankruptcy courts, on the other hand, seem primarily to provide protection to …

Limited, Conditional, And Suspended Discharges In Anglo-American Bankruptcy Proceedings, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Article 9 Security Interests As Voidable Preferences, Irving A. Breitowitz

Cardozo Law Review

No abstract provided.

Article 9 Security Interests As Voidable Preferences: Part Ii The Floating Lien, Irving A. Breitowitz

Cardozo Law Review

No abstract provided.

The Labor-Bankruptcy Conflict: Rejection Of A Debtor's Collective Bargaining Agreement, Michigan Law Review

Michigan Law Review

This Note examines the courts' accommodation of the labor and bankruptcy policies when a debtor in possession or trustee seeks to reject a collective bargaining agreement. Part I criticizes a series of recent cases that failed to confront the statutory conflict. If these courts had recognized the conflict between the language of the Bankruptcy Act (now the Code) and the Labor Act, they would have been forced to consider whether the labor and bankruptcy policies actually clashed. Part II finds that in most instances they do not, and argues that requiring the debtor in possession to bargain with the union …

Inflation And The Concept Of Reorganization Value, Elizabeth J. Schwartz

Vanderbilt Law Review

This Recent Development examines the validity of this formula, with and without allowances for future inflation, as a tool for valuing the stock to be distributed to creditors in corporate re-organization proceedings. This discussion considers the valuation method both under Chapter 11 of the new Bankruptcy Code and under Chapter X of the now superseded Bankruptcy Act, which is still effective in many pending cases. The Recent Development describes the purpose and effects of equity share valuations in bankruptcy reorganization proceedings, compares the methods that have been used by the courts with methods used by investors to ascertain the investment …

Northern Pipeline Construction Co. V. Marathon Pipe Line Co., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Evaluation Of A Bar Applicant's Moral Character: May A State Consider The Circumstances Surrounding A Discharge In Bankruptcy, William Owen Weiss

Indiana Law Journal

No abstract provided.

Bankruptcy, W. Homer Drake Jr., James E. Massey

Mercer Law Review

All of the cases relating to bankruptcy law decided by the Fifth Circuit in 1980 arose under the old Bankruptcy Act. The Bankruptcy Reform Act of 1978 applies to cases filed on or after October 1, 1979. Many of these recent decisions may be of more than merely academic interest, however, since the Fifth Circuit's approach to the issues presented may shed some light on what can be expected in its interpretation of the new Code.

Three cases decided by the Fifth Circuit in 1980 illustrate pitfalls in appellate practice. In Bad Bubba Racing Products, Inc. v. Huenefeld (In re …

Bankruptcy Law In Perspective, Theodore Eisenberg

Cornell Law Faculty Publications

The new bankruptcy act is a failure. Its shortcomings show that we need to change the way we think about bankruptcy law. The problem is not so much with the new bankruptcy act's treatment of any specific issue, though larger problems manifest themselves through questionable specific provisions. Rather, the problem is the way in which bankruptcy law is perceived as an area separate from the rest of the legal world. In many respects the new bankruptcy act inadequately reflects bankruptcy law's existence as part of a legal structure that includes many other federal laws, a Constitution, and detailed treatment of …

Schatzman V. Department Of Health And Rehabilitative Services (In Re King Memorial Hospital), 4 B.R. 704 (S.D. Fla. 1980), Randall Marker

Florida State University Law Review

Bankruptcy Law-WHEN IS A GOVERNMENTAL UNIT'S ACTION ENFORCE ITS POLICE OR REGULATORY POWERS EXEMPT FROM THE AUTOMATIC STAY PROVISIONS OF SECTION 362?

Bankruptcy Court Jurisdiction To Modify Alimony Payments Of Chapter 13 Debtors, Peter Swiecicki

University of Michigan Journal of Law Reform

This article examines a bankruptcy court's power to modify a chapter 13 debtor's alimony payments. Part I discusses the bankruptcy court's jurisdiction in chapter 13 cases and the connection between the chapter 13 case and alimony modification proceedings. It then outlines the domestic relations limitation and the resulting conflict between bankruptcy courts and state courts with respect to alimony modification. Part II analyzes various arguments for and against allowing bankruptcy courts to hear alimony modification requests in chapter 13 cases. This analysis reveals that any state interests are far outweighed by the substantial benefits to be gained from consolidating the …

Cramdown Under The Bankruptcy Code Of 1978: Effect Upon The Soft Collateral Lender, Richard L. Epling

Loyola University Chicago Law Journal

No abstract provided.

The Tax Implications Of Corporate Insolvency Under The Bankruptcy Tax Act Of 1980, Douglas Robison

Duquesne Law Review

This issue's lead article is concerned with the provisions of the recent Bankruptcy Tax Act which affect insolvent corporate debtors. The author provides a detailed examination of how the Act interfaces with the Internal Revenue Code and discusses how the Code has been modified. He concludes that, although it is a product of compromise and thus may be faulted for some of its provisions, the Act should be welcomed by tax and bankruptcy practitioners.

Consumer Warranty Claims Against Companies In Chapter 11 Reorganizations, Elizabeth Warner

University of Michigan Journal of Law Reform

This article examines the rights of individuals who have purchased warranted goods from a business that subsequently undergoes reorganization under Chapter 11 of the Bankruptcy Reform Act of 1978. Part I establishes that warranty rights are claims in bankruptcy and outlines the procedure that must be followed by a creditor for distribution from the debtor's estate. Part II focuses on how warranty claims are treated in Chapter 11. Part III discusses ways to alleviate the warranty creditor's representational burden, particularly through the intervention and aid of public interest groups. This article concludes that . warranty creditors will receive favorable treatment …

Filing For Personal Bankruptcy: Adoption Of A "Bona Fide Effort" Test Under Chapter 13, Stephan M. Vidmar

University of Michigan Journal of Law Reform

Part I discusses the history and current application of the Chapter 13 wage earner relief provisions, focusing on the present "good faith" controversy. Part II analyzes the "bona fide effort" test and examines its current congressional status. Part III suggests that more specific statutory guidance is necessary in order to effectively apply the "bona fide effort" test and recommends specific guidelines for its use. The article concludes that by following such a set of standard guidelines when applying the "bona fide effort" test, bankruptcy courts would promote uniform treatment of debtors, enhance judicial economy, and facilitate appellate review of Chapter …

Property, E. F. Roberts

Cornell Law Faculty Publications

In the past, property exemplified law as an ordered set of rules, each axiom fitting nicely into an almost immovable intellectual mosaic of immense size. This obsolete rule grid still serves a purpose. It has been pressed into service as a vehicle to test aspirants for admission to the bar, now that even the bar examiners in this Republic have succumbed to using multiple choice questions susceptible to machine scoring. The irony is that this bar examination law does not mirror the real law, the common-law model having been destroyed by the entropy that typifies this fragile society. Order has …

Discharges Under The New Bankruptcy Code, David G. Epstein

Law Faculty Publications

Prepared for the ALIABA Course of Study on Consumer Debtors and the Bankruptcy Code, September 24-25, 1981; revised by the author prior to publication in the Course Materials Journal.

Unless otherwise indicated, all section references are to the Bankruptcy Act of 1978, Title 11 of the United States Code ("Code"). "B.C.D." refers to the Bankruptcy Court Decisions; "B.R.," to West's Bankruptcy Reporter; "C.B.C.," to Collier's Bankruptcy Cases; and "UCC," to the Uniform Commercial Code.

The Bankruptcy Discharge: Toward A Fresher Start, Doug Rendleman

Scholarly Articles

None available

Liquidation Bankruptcy Under The '78 Code, Doug Rendleman

Scholarly Articles

None available

The Bankruptcy Reform Act Of 1978–A Review And Comments, Glenn E. Pasvogel Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

A Congressman's Reflections On The Drafting Of The Bankruptcy Code Of 1978, M. Caldwell Butler

William & Mary Law Review

No abstract provided.

Tenants By The Entirety Property And The Bankruptcy Reform Act, Benjamin C. Ackerly

William & Mary Law Review

No abstract provided.

The Failure Of The Virginia Exemption Plan, Michael P. Cotter

William & Mary Law Review

No abstract provided.

Liquidation Bankruptcy Under The '78 Code, Doug Rendleman

William & Mary Law Review

No abstract provided.

The Reclaiming Seller Under The Bankruptcy Reform Act: Resolution Or Renewal Of An Old Conflict?, Richard A. Mann, Michael J. Phillips

Vanderbilt Law Review

This Article will assess the impact of the Bankruptcy Reform Act upon the conflict of the Code cash and credit sellers with the trustee in bankruptcy. The article will begin by discussing the legal position of the reclaiming seller at common law, both because the new Act's interaction with the Code cannot be understood without reference to such doctrines, and because these doctrines are often likely to be of continued applicability under the new Act. It will then examine the seller's rights under the U.C.C., and will discuss his relations with certain bankruptcy-relevant Code third parties. Following this, the Article …