Bankruptcy Law Commons^™

Maritime Attachment And Arrest: Facing A Jurisdictional And Procedural Due Process Attack

Washington and Lee Law Review

No abstract provided.

Recent Decisions, Kate Eyler, Margaret H. Young, B. Rowland Heyward, Gary I. Christian

Vanderbilt Journal of Transnational Law

Recent Decisions Immigration--Entry Resident Alien Who Makes Brief Visit Outside the Country is Deportable if He Reenters United States at an Unauthorized Location while Aiding Illegal Aliens to Enter

Kate Eyler

=====================

International Banking--Bankruptcy--When Foreign Law Prohibits a Foreign Banking Corporation from Supplying Required Creditors List, Chapter XI Petition Should Not be Dismissed as Inherently Defective

Margaret Helen Young

====================

The instant case represents a change in long-standing ICC policy at once consistent with its statutory groundwork, yet with potentially drastic economic impact. In the final analysis, the issues were whether the subsequent legislation represented a congressional expression of its …

Tax Superiority In Bankruptcy—A Study Of Business Bankruptcy Distributions In The Southern And Western Districts Of New York, Peter D. Wolfson

Buffalo Law Review

No abstract provided.

The Bankruptcy Reform Process: Maximizing Judicial Control In Wage Earners' Plans, Marjorie Girth

University of Michigan Journal of Law Reform

This article examines the effort to maximize judicial control over the bankruptcy process and its impact on H.R. 8200's procedural requirements for the nonbusiness bankruptcy option known currently as the wage earners' plan. As background, it describes the present nonbusiness bankruptcy options and the statutory procedures for monitoring confirmed wage earners' plans. Then, using illustrative samples from three years of cases in the Buffalo region of the Western District of New York, it assesses whether present plans are being administered in accordance with the statutory formalities. The economic incentives which affect creditors' behavior in taking advantage of their opportunities to …

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

Mercer Law Review

The Court of Appeals for the Fifth Circuit decided few cases involving the Bankruptcy Act in 1976. Of these, only nine merit special attention. The right to file a bankruptcy petition without being fired was the subject of McLellan v. Mississippi Power & Light Co. Nothing in the U.S. Constitution or the Bankruptcy Act prohibits an employer from firing an employee who files a voluntary bankruptcy petition. The McLellan case, however, held that a plaintiff states a claim for relief under the Civil Rights Act of 1861 by alleging that his employer deprived him of his civil rights by firing …

Procedure And Rehabilitation Under Chapter Xii Of The Bankruptcy Act

Washington and Lee Law Review

No abstract provided.

May The Beneficiary Of An Illinois Land Trust Proceed Under Chapter Xii Of The Bankruptcy Act, 10 J. Marshall J. Prac. & Proc. 567 (1977), Roman R. Okrei

UIC Law Review

No abstract provided.

The Bankruptcy Reform Process: Maximizing Judicial Control In Wage Earners' Plans, Marjorie L. Girth

Faculty Publications By Year

No abstract provided.

Dissolution Of Marriage And The Bankruptcy Act Of 1973: "Fresh Start" Forgotten, Carl D. Young

Indiana Law Journal

No abstract provided.

Cy Pres Powers Of The Federal Bankruptcy Courts - New Hope For Financially Distressed Charities?, George B. Reese

Fordham Urban Law Journal

During times of economic turmoil, certain private charitable institutions operating in urban areas often face financial problems. In the past, these institutions - hospitals, community service centers, and the like - were partially reimbursed by government welfare funds for their "public services" expenditures. But as the pressures on municipal budgets have increased, these reimbursements become delayed, and sometimes uncertain. A charitable corporation contemplating a petition in bankruptcy might wish to seek cy pres relief from the bankruptcy court. Cy pres, a common feature of state law, provides that a gift in trust or otherwise which is determined to have been …

Note: Secured Creditors In Wage Earner Proceedings: Interpreting The Validity Of Bankruptcy Rule 13-307(D), Jane E. Finkel

Fordham Urban Law Journal

On October 1, 1973 the Supreme Court promulgated rules prescribing the practice and procedure to be followed in cases and proceedings governed by Chapters I-VII and Chapter XIII of the Bankruptcy Act. The procedural changes are extensive, permeating every stage of straight bankruptcy and Chapter XIII Wage Earner proceedings. One of the more important rules is Bankruptcy Rule 13-307(d), which deals with claims of secured creditors in Wage Earner proceedings under Chapter XIII. Secured creditors have challenged the validity of Rule 13-307(d), claiming that the rule modifies the secured party's substantive right to full recovery of the contract price. Thus, …

Ucc § 2-702(2): An Invalid State Priority In Bankruptcy

Washington and Lee Law Review

No abstract provided.

Statutory Liens And The Bankruptcy Act: U.C.C. § 2-702 And Section 67(C), Robert A. Green

Cornell Law Faculty Publications

Bankruptcy Law - Secured Transactions-Bankruptcy Trustee's Power To Avoid As Preferential A Creditor's Perfected Security Interest Under U.C.C. Section 9-306(4) (D) In Excess Proceeds-Arizona Wholesale Supply Co. V. Itule (In Re Gibson Products)

BYU Law Review

No abstract provided.

Municipal Bankruptcy: The Need For An Expanded Chapter Ix, Daniel J. Goldberg

University of Michigan Journal of Law Reform

New York City's default crisis in 1975 presented to Congress and the nation the possibility of a major municipality's entering the federal bankruptcy court. Chapter IX of the Bankruptcy Act, as recently amended by Congress, provides the exclusive remedy by which local governmental units may obtain relief from burdensome indebtedness. Unlike certain other chapters of the Bankruptcy Act, Chapter IX is limited to a voluntary composition or extension of indebtedness. In recent years municipalities have developed complex systems of financing, while experiencing unprecedented expansion in the services which they must provide. Accordingly, a mere composition of municipal indebtedness is no …

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

Mercer Law Review

The Court of Appeals for the Fifth Circuit rendered several opinions in 1975 involving bankruptcy law and practice. This article highlights the most important of those decisions with a view toward their application by the practitioner.

The Penn Central Reorganization: A New Look At Section 10 Of The Clayton Act

William & Mary Law Review

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Baankruptcy-Usury-Plaintiff's Claim For Compound Interest Ruled Usurious; Simple Interest Disallowed To Give Effect To State's Deterrence Policy, Gerald Bohm

Fordham Urban Law Journal

Usury is the charging of interest for the use of money as a rate in excess of that permitted by statute. The Bankruptcy Act allows the trustee-in-bankruptcy to plead the defense of usury to a creditor's claim. A debtor-in-possession in a Chapter XI proceeding, who has all the rights and powers of the trustee, may also assert the defense of usury. There is, however, no federal usury statute and the Bankruptcy Act defines neither usury nor its effect. To resolve the usury issue the bankruptcy court has to look to the law of the jurisdiction in which the loan arose. …

Municipal Bankruptcy Under The 1976 Amendments To Chapter Ix Of The Bankruptcy Act, Kenneth W. Bond

Fordham Urban Law Journal

This articles examines the new Chapter IX of the Bankruptcy Act, particularly its effectiveness in providing insolvent or financially distressed municipalities with a simpler and more efficient method of obtaining financial relief. The articles discusses the differences under the new Chapter IX as compared to the old Chapter IX and argues that the new Chapter IX, although not designed to accomplish more than its predecessor, is a better tool for financially distressed municipalities because it simplifies the bankruptcy process while increasing the changes of a successful reorganization of debt.

Bankruptcy Revision: Process And Procedure, Doug Rendleman

Scholarly Articles

None available

The Cost Of Realization By A Secured Creditor In Bankruptcy, J. Hobson Presley, Jr.

Vanderbilt Law Review

In October 1974, business failures increased by eighteen percent, reaching the highest level in any month since March 1971. The number of business failures for that month was the highest in eighty years.' As creditors seek to realize on their security interests, and encounter the problem of who should bear the expense incurred, they may discover that the term "secured" does not adequately describe the ability to recover advances made to the bankrupt debtor. Despite the confusing state of the law in this area, the increasingly inordinate expense of foreclosure in bankruptcy, and the pressures of the current economy, the …

E. F. Corporation V. Smith: Voidable Preference And The Problems Of Antecedent Indebtedness Under § 60(A)

Washington and Lee Law Review

No abstract provided.

In Re Good Deal Supermarkets, Inc.: A Hasty Invalidation Of Ucc § 2-702(2) As A Statutory Lien Under § 67(C)(1)(A) Of The Bankruptcy Act

Washington and Lee Law Review

No abstract provided.

Creditor Setoffs In Bankruptcy Reorganizations: An Analysis Of Baker V. Gold Seal Liquors, Inc., Michigan Law Review

Michigan Law Review

In an action between a debtor and a creditor, the debtor may seek to reduce his liability by pleading counterclaims. A permissive counterclaim-any claim against the creditor not arising out of the transaction or occurrence that is the subject matter of the creditor's claim--is typically termed a "setoff" to the extent that it does not involve affirmative relief. If the debtor is insolvent and seeks bankruptcy relief, setoffs may result in priorities whereby one creditor gains preference in the distribution of the debtor's estate over other creditors of the same class or even of a superior class. For example, if …

Baker V. Gold Seal Liquors, Inc.: Railroad -Reorganization And The Availability Of Setoff Under The Bankruptcy Act

Washington and Lee Law Review

No abstract provided.

The Uncertain Status Of Secured Creditors Under Chapter Xiii Of The Bankruptcy Act, 9 J. Marshall J. Prac. & Proc. 377 (1975), David Schwartz

UIC Law Review

No abstract provided.

Prospects For Structural Reform Of The Bankruptcy System, Marjorie L. Girth

Faculty Publications By Year

No abstract provided.

Address-Summary Prejudgment Creditors' Remedies And Due Process Of Law: Continuing Uncertainty After Mitchell V. W. T Grant Company, Roy L. Steinheimer, Jr.

Washington and Lee Law Review

No abstract provided.

Bankruptcy Lien Invalidation: Role Of Recordation, David G. Epstein

Law Faculty Publications

Congress is currently considering new bankruptcy legislation. To date, its focus has been on two bills, one prepared by the National Commission on Bankruptcy Laws, the other by the National Conference of Bankruptcy Judges. Both bills call for substantial changes in present bankruptcy practices. Affirmative action on some combination of the two now seems likely. It appears that Congress soon will, for the first time in 77 years, comprehensively revise bankruptcy law. Accordingly, this is an appropriate time to examine closely basic bankruptcy concepts and policies. This article will deal with one very specific topic: the effect of recordation on …