Bankruptcy Law Commons^™

Virginia's Exemption Statutes-The Need For Reform And A Proposed Revision, Joseph E. Ulrich

Washington and Lee Law Review

No abstract provided.

Res Judicata And Collateralestoppel In Bankruptcy Discharge Proceedings, Thomas Mcn. Millhiser

Washington and Lee Law Review

No abstract provided.

Bankruptcy: Good Faith And The Zero Payment Plan In Chapter 13, Stephen F. Brines

Kentucky Law Journal

No abstract provided.

Chapter 13: Its Operation, Its Statutory Requirements As To Payment To And Classification Of Unsecured Claims, And Its Advantages, David G. Epstein

Law Faculty Publications

This article will explore the operation of Chapter 13, the two major legal questions raised by the present Chapter 13, and the advantages of Chapter 13 over Chapter 7 and 11.

The Bankruptcy Discharge: Toward A Fresher Start, Doug R. Rendleman

Faculty Publications

No abstract provided.

Abandoning Bankruptcy Law's "Identity Of Interest" Exception, Michigan Law Review

Michigan Law Review

Section I of this Note discusses the goals and weaknesses of the identity of interest exception; Section II explains the advantages of consolidation and novation; and the final Section suggests a way to separate cases where novation is appropriate from those where consolidation is the preferred remedy.

Business Reorganization Under The Bankruptcy Reform Act Of 1978: An Analysis Of Chapter 11, Don J. Miner

BYU Law Review

No abstract provided.

State Action And Statutory Liens In Arkansas–A Rejoinder To Professor Maltz, Steve H. Nickles

University of Arkansas at Little Rock Law Review

No abstract provided.

State Action And Statutory Liens In Arkansas–A Reply To Professor Nickles, Earl M. Maltz

University of Arkansas at Little Rock Law Review

No abstract provided.

The Bankruptcy Court Under The New Bankruptcy Law: Its Structure, Jurisdiction, Venue, And Procedure Selected Articles On The Bankruptcy Reform Act Of 1978., Frank R. Kennedy

St. Mary's Law Journal

Abstract Forthcoming.

The Trustee's Avoiding Powers Under The Bankruptcy Act And The New Code: A Comparative Analysis Selected Articles On The Bankruptcy Reform Act Of 1978., Vernon O. Teofan, L. E. Creel Iii

St. Mary's Law Journal

Abstract Forthcoming.

Introduction Selected Articles On The Bankruptcy Reform Act Of 1978 - Introduction., David G. Epstein

St. Mary's Law Journal

Abstract Forthcoming.

Community Property And The Banruptcy Reform Act Of 1978 Selected Articles On The Bankruptcy Reform Act Of 1978., Alan Pedlar

St. Mary's Law Journal

Abstract Forthcoming.

Debt Adjustment Under Chapter 13 Of The Bankruptcy Reform Act Of 1978 Selected Articles On The Bankruptcy Reform Act Of 1978., Evelyn H. Biery

St. Mary's Law Journal

Abstract Forthcoming.

Issuing Securities Under The New Bankruptcy Code: More Magic For The Cryptic Kingdom Selected Articles On The Bankruptcy Reform Act Of 1978., Robin E. Phelan, Bruce A. Cheatham

St. Mary's Law Journal

Abstract Forthcoming.

Chapter 11 Of The 1978 Bankruptcy Code Or Whatever Happened To Good Old Chapter Xi Selected Articles On The Bankruptcy Reform Act Of 1978., Arthur L. Moller

St. Mary's Law Journal

Abstract Forthcoming.

Iii. Bankruptcy

Washington and Lee Law Review

No abstract provided.

Fraudulent Conveyances And Preferences In Virginia, Joseph E. Ulrich

Washington and Lee Law Review

No abstract provided.

A Fresh Start Through Bankruptcy: Fact Or Frustration For The Student Loan Debtor?, Barbara Linde

Seattle University Law Review

The rapidly increasing number of student loans maturing under the relatively new guaranteed student loan program have spawned a dramatic increase in the number of educational loans discharged in bankruptcy. This comment will examine former students' ability to obtain college transcripts after discharge of their student loans through bankruptcy. It will discuss the two cases holding that a private college can deny transcripts to bankrupts, but a state college cannot." Furthermore, it will inquire into the purposes of the Bankruptcy Act, the correctness of the restrictive judicial interpretation of the 1970 amendments," and alternative judicial approaches that better reflect the …

Bankruptcy Reform: Relief For Individuals With Regular Income, Pete Connors

University of Richmond Law Review

The consumer debtor faced with insolvency is given two options under the present Bankruptcy Act: (1) straight bankruptcy, and (2) wage earner proceedings. In contrast to straight bankruptcy, which is a liquidation oriented remedy, the debtor in a wage earner proceeding is not required to surrender any assets to the bankruptcy trustee, nor is he actually adjudicated a bankrupt. On the contrary, under Chapter XIII of the Bankruptcy Act (the wage earner sec- tion), the debtor is given a means of repaying his debts from future earnings under the protection of the court.

Secured Transactions - What Floats Can Be Sunk, Jack B. Justice

Villanova Law Review (1956 - )

No abstract provided.

Automatic Stays Under The New Bankruptcy Law, Frank R. Kennedy

University of Michigan Journal of Law Reform

In Mueller v. Nugent, decided shortly after the enactment of the Bankruptcy Act of 1898, the United States Supreme Court declared that a petition in bankruptcy is "a caveat to all the world, and in effect an attachment and injunction." This judicial gloss, much quoted and applied since, was an early recognition that a stay of creditors from collecting their claims against the debtor and his property from and after the filing of a petition under the Bankruptcy Act is indispensable to bankruptcy administration. Unless the creditors are stayed, the debtor's estate will be dismembered and the objective of equality …

Homestead And The Process Of History: The Proposed Changes In Article X, Section 4, Dennis J. Wall

Florida State University Law Review

No abstract provided.

Personal Property Exemptions And The Uniform Exemptions Act

BYU Law Review

No abstract provided.

Tort Claims Under The Present And Proposed Bankruptcy Acts, Stephen Allen Edwards

University of Michigan Journal of Law Reform

Congress may soon enact the first complete revision of the United States bankruptcy laws in almost four decades. Among the numerous changes proposed by the legislature is a major alteration of the provability and dischargeability of tort claims asserted against the bankrupt's estate. This article will discuss the treatment of tort claims in the present Act and the changes to be made by the proposed Act, and will evaluate alternative approaches to compensating victims of bankrupt tortfeasors.

Section 337 Sales As Part Of Reorganizations, James H. Lokey, Jr.

Vanderbilt Law Review

This Note demonstrates that by applying the meaning of "complete liquidation" developed in several liquidation-reincorporation cases to the obviously distinguishable facts of FEC, the Court of Claims has adopted an unnecessarily restrictive view of section 337's "complete liquidation" requirement...

This Note has demonstrated that although the liquidation-reincorporation cases appear to support the traditional view that a "complete liquidation" cannot occur during a reorganization, when taken in context they are weak authority for the holding in FEC.

Ii. Bankruptcy

Washington and Lee Law Review

No abstract provided.

Homestead Legislation In California, Charles Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Prudent Planning Or Fraudulent Transfer? The Use Of Nonexempt Assets To Purchase Or Improve Exempt Property On The Eve Of Bankruptcy, Alan N. Resnick

Hofstra Law Faculty Scholarship

The debt collection process in Anglo-American law is based on the creditor's right to receive payment from liquidation of the debtor's assets. Judicial procedures are available to the unsecured creditor for the purpose of converting the debtor's assets to cash. Whenever the debtor's matured liabilities are greater than his assets, the collection process may be characterized as one of "grab law" in which the first creditors to take the debtor's assets succeed in effectuating collection.

It is an economic necessity for creditors to have an efficient collection mechanism which gives them maximum protection in the event of default by the …

The Automatic Stay In Bankruptcy, Frank R. Kennedy

University of Michigan Journal of Law Reform

The filing of a petition under the Bankruptcy Act constitutes an automatic stay of all litigation against the debtor and most acts and actions against the debtor's property. The stay is one of the most notable features of the Rules of Bankruptcy Procedure promulgated by the Supreme Court. The constitutional and statutory basis for the automatic stay has been challenged, and the propriety and the scope of the stay have been contested and ruled on, in many reported opinions. The need and justification for an automatic stay in bankruptcy and debtor relief cases have been widely acknowledged, and an automatic …