Bankruptcy For The Poor?,
2015
Osgoode Hall Law School of York University
Bankruptcy For The Poor?, Stephanie Ben-Ishai, Saul Schwartz
Stephanie Ben-Ishai
The conventional wisdom is that the poor are not heavy users of the insolvency system, because creditors are unwilling to take risks on the poor and because many of the poor are judgment-proof. However, credit is now widely available across the spectrum of income groups. In addition, poverty is often a temporary state for many Canadians; therefore, being judgment-proof is likewise temporary. Some of those who are poor at any point in time are in fact in need of bankruptcy protection. They have debts that they are unable to pay and little likelihood of being able to repay in the …
Bankruptcy Empiricism: Lighthouse Still No Good (Reviewing Teresa A. Sullivan, Elizabeth Warren & Jay Lawrence Westbook, The Fragile Middle Class: Americans In Debt (2000)),
2015
Washington and Lee University School of Law
Bankruptcy Empiricism: Lighthouse Still No Good (Reviewing Teresa A. Sullivan, Elizabeth Warren & Jay Lawrence Westbook, The Fragile Middle Class: Americans In Debt (2000)), Margaret Howard
Margaret Howard
Not available.
Brief Of Professor Margaret Howard As Amicus Curiae In Support Of Respondents,
2015
Washington and Lee University School of Law
Brief Of Professor Margaret Howard As Amicus Curiae In Support Of Respondents, Margaret Howard
Margaret Howard
None available.
Hidden In Plain View: The Pension Shield Against Creditors,
2015
University of Florida Levin College of Law
Hidden In Plain View: The Pension Shield Against Creditors, Patricia E. Dilley
Patricia E Dilley
This Article examines the virtually unquestioned protection of retirement assets from creditors, in both state and federal law, with a view to determining whether tax qualification or even retirement itself is a sufficient rationale for preserving debtor assets in the face of creditors' claims, and if so, what the limits of such protection should be. The problems of current law stem in large part from the use of tax qualified status as a convenient shortcut for determining the appropriate bankruptcy treatment of retirement accounts. The result is a wide disparity in the treatment of debtors epitomized by the cases of …
Who Gets Paid? Section 365(N) Royalty Payments Under "Zombie Licenses" After A Sale Of Ip,
2015
University of Kentucky
Who Gets Paid? Section 365(N) Royalty Payments Under "Zombie Licenses" After A Sale Of Ip, Christopher G. Bradley
Law Faculty Popular Media
This short article discusses the Bankruptcy Code's unusual treatment of certain intellectual property licenses. First, it gives a brief overview of § 365(n) of the Bankruptcy Code. It then provides a short analysis of a difficult but important question: If a licensee of a debtor’s intellectual property opts to retain its license rights under § 365(n), who should receive the stream of licensing payments in the event that the IP is sold: the buyer of the IP, or the debtor in bankruptcy? The answer that has emerged in some of the case law is somewhat surprising -- after providing nuanced …
The Secured Party And His Nemesis, The Trustee In Bankruptcy: After-Acquired Property, Unidentified Proceeds, And Selected Preference Problems,
2015
The University of Akron
The Secured Party And His Nemesis, The Trustee In Bankruptcy: After-Acquired Property, Unidentified Proceeds, And Selected Preference Problems, John P. Finan
Akron Law Review
A trustee in bankruptcy, in addition to succeeding to the rights of the bankrupt,' has several avoiding powers. Some of these avoiding powers are based on practices which, like vice, are of "so frightful mien that to be hated [need] but to be seen." Preferences may not be included among such practices. Indeed, the English view exhibits ambivalence towards preferences. At one time it regarded "preferences [as] the good fortune of the creditor." A later view was "that the preferring of one creditor over others within a short time of bankruptcy and in contemplation thereof, was a 'fraud on the …
Access To Civil Courts - Indigents - Filing Fee; United States V. Kras,
2015
The University of Akron
Access To Civil Courts - Indigents - Filing Fee; United States V. Kras, William I. Arbuckle
Akron Law Review
Robert William Kras presented his voluntary petition in bankruptcy to the United States District Court for the Eastern District of New York in May of 1971. With the petition his Legal Aid Society Attorneys filed a motion for leave to proceed without prepayment of any of the filing fees required as a prerequisite to discharge. Kras alleged that he was unable to pay the fees, even in installments, and that they should not be required of him either because (1) he was entitled to proceed in forma pauperis under the Federal Statute, or (2) because the provisions of the Bankruptcy …
Section 17a(2) Objections To Discharge Filed By Small Loan Companies In Consumer Bankruptcies: A Practical Analysis,
2015
The University of Akron
Section 17a(2) Objections To Discharge Filed By Small Loan Companies In Consumer Bankruptcies: A Practical Analysis, David L. Herbert
Akron Law Review
THE ULTIMATE PURPOSE of the Bankruptcy Act' has been correctly characterized as being twofold: to distribute the bankrupt's assets fairly among his creditors and to "[Rielieve the honest debtor from the weight of oppressive indebtedness...,, thereby to accomplish the debtor's economic rehabilitation. Problems arise, however, when the debtor has not been honest in his efforts to obtain money or property on credit.
A Reappraisal Of The Indigent's Right Of Access To Bankruptcy Proceedings,
2015
The University of Akron
A Reappraisal Of The Indigent's Right Of Access To Bankruptcy Proceedings, Timothy E. Gammon
Akron Law Review
IN 1963, Robert F. Kennedy stated, "To a serious extent, the scales of justice in this country are weighed against the poor"' One year later, the Office of Economic Opportunity was created, which helped balance the scale in some areas by providing legal service programs2 for indigents. Nevertheless, the enormous need of legal service for indigents has not and cannot be met under present programs.' The 1964 legal service program failed to provide money for fees and court costs in judicial and administrative proceedings so petitioners who could not proceed in jorma pauperis were denied access to those proceedings. No …
Who Bears The Burden? The Place For Participation Of Municipal Residents In Chapter 9,
2015
Campbell University School of Law
Who Bears The Burden? The Place For Participation Of Municipal Residents In Chapter 9, C. Scott Pryor
C. Scott Pryor
No abstract provided.
Exemptions And Lien Avoidance Under The Bankruptcy Reform Act Of 1978 And Ohio Law,
2015
The University of Akron
Exemptions And Lien Avoidance Under The Bankruptcy Reform Act Of 1978 And Ohio Law, Karen L. Edwards
Akron Law Review
Specified property of a debtor is exempt from the bankruptcy estate. State law has generally specified the property of a bankrupt which may be exempted from the estate. The Bankruptcy Reform Act of 1978 institutes a new federal policy regarding exemptions. The new federal provisions, however, are under attack. Currently in Ohio, the applicability of the federal avoidance power contained in section 522(f) of the Bankruptcy Code is being questioned. This section provides for the avoidance of certain liens encumbering property otherwise exemptable. Legislation in Ohio specifically provides that the exemption provisions do not affect a security interest of personal …
In Re Montierth, 131 Nev. Adv. Op. 55,
2015
Nevada Law Journal
In Re Montierth, 131 Nev. Adv. Op. 55, Walter Fick
Nevada Supreme Court Summaries
The Court held that the separation of a promissory note, held by a principal, and the deed of trust, held by an agent of the principal, does not render either instrument “void,” or require the reunification of the note and the deed of trust in order to foreclose. The Court further held that, under Nevada law and in the case of a contractual principal-agent relationship, the recordation of an assignment of a deed of trust is a “ministerial act.”
The Timing Of Perfection Of Security Interests Under The Uniform Commercial Code And The Bankruptcy Reform Act,
2015
The University of Akron
The Timing Of Perfection Of Security Interests Under The Uniform Commercial Code And The Bankruptcy Reform Act, Richard A. Mann, Michael J. Phillips
Akron Law Review
This article will examine this new relationship as it applies to a specific problem created by the interaction between Article 9 and bankruptcy law: the timing of a "transfer" when a security interest is challenged as preferential in a bankruptcy proceeding. Resolution of this question is often critical for determining the secured party's ability to recover assets pledged as collateral when the debtor goes into bankruptcy. The article will begin by explaining the "timing of transfer" problem as it arose under Article 9 and the Bankruptcy Act. Then it will describe and evaluate the new solution provided by the Bankruptcy …
The New Bankruptcy Law: A Czech - U.S. Comparison, 10 Common L. Rev. 3 (2009),
2015
John Marshall Law School
The New Bankruptcy Law: A Czech - U.S. Comparison, 10 Common L. Rev. 3 (2009), Paul Lewis
Paul Lewis
No abstract provided.
Personal Bankruptcy In Common Law Countries, 7 Common L. Rev. 38 (2006),
2015
John Marshall Law School
Personal Bankruptcy In Common Law Countries, 7 Common L. Rev. 38 (2006), Paul Lewis
Paul Lewis
No abstract provided.
Trouble Down Under: Some Thoughts On The Australian-American Corporate Bankruptcy Divide, 2001 Utah L. Rev. 189 (2001),
2015
John Marshall Law School
Trouble Down Under: Some Thoughts On The Australian-American Corporate Bankruptcy Divide, 2001 Utah L. Rev. 189 (2001), Paul B. Lewis
Paul Lewis
No abstract provided.
Bankruptcy Thermodynamics, 50 Fla. L. Rev. 329 (1998),
2015
John Marshall Law School
Bankruptcy Thermodynamics, 50 Fla. L. Rev. 329 (1998), Paul B. Lewis
Paul Lewis
No abstract provided.
An Empirical Economic Analysis Of The 2005 Bankruptcy Reforms, 24 Emory Bankr. Dev. J. 327 (2008),
2015
John Marshall Law School
An Empirical Economic Analysis Of The 2005 Bankruptcy Reforms, 24 Emory Bankr. Dev. J. 327 (2008), Thomas Evans, Paul B. Lewis
Paul Lewis
No abstract provided.
Can't Pay Your Debts, Mate? A Comparison Of The Australian And American Personal Bankruptcy Systems, 18 Bankr. Dev. J. 297 (2002),
2015
John Marshall Law School
Can't Pay Your Debts, Mate? A Comparison Of The Australian And American Personal Bankruptcy Systems, 18 Bankr. Dev. J. 297 (2002), Paul B. Lewis
Paul Lewis
No abstract provided.
Business Insolvency And The Irish Debt Crisis, 11 Rich. J. Global L. & Bus. 407 (2012),
2015
John Marshall Law School
Business Insolvency And The Irish Debt Crisis, 11 Rich. J. Global L. & Bus. 407 (2012), Paul B. Lewis
Paul Lewis
Among the volume of material written about the Irish debt crisis and its impact over the past few years, strikingly little has been written about the ability to save a financially distressed company under Irish law and whether corporate restructuring could have mitigated some of the financial damage to Irish companies, particularly those in the property and construction industries. There is a reason for this. The number of filings under the Examinership law - the rough equivalent of Chapter 11 in the United States - remained small and relatively constant during both the recent boom and the more immediate bust …
