The empty idea of" equality of creditors"
DA Skeel - University of Pennsylvania Law Review, 2018 - JSTOR
The equality of creditors norm is widely viewed as the single most important principle in
American bankruptcy law, rivaled only by our commitment to a fresh start for honest but …
American bankruptcy law, rivaled only by our commitment to a fresh start for honest but …
The Supreme Court, Dischargeability and Actual Fraud
DG Carlson - Am. Bankr. Inst. L. Rev., 2020 - HeinOnline
Straightforwardly, Bankruptcy Code section 727 (a)(2) bars discharge of any debt if the
debtor" with intent to hinder, delay, or defraud a creditor" has made a fraudulent transfer …
debtor" with intent to hinder, delay, or defraud a creditor" has made a fraudulent transfer …
The Resiliency of the Equality of Creditors Ethos in Bankruptcy
L Ponoroff - Am. Bankr. Inst. L. Rev., 2022 - HeinOnline
" Equality of distribution" among similarly positioned creditors has consistently been
recognized as a foundational value of Anglo-American bankruptcy law. 2 The only principle …
recognized as a foundational value of Anglo-American bankruptcy law. 2 The only principle …
Relational Preferences in Chapter 11 Proceedings
BE Gotberg - Okla. L. Rev., 2018 - HeinOnline
It is no secret that creditors hate so-called" preference" actions, which permit a debtor to
recover payments made to creditors on the eve of bankruptcy for the benefit of the estate …
recover payments made to creditors on the eve of bankruptcy for the benefit of the estate …
Non-Collusive Foreclosure Sales and the Limits of the Preference Law: Please, Sir, I want Some More
L Ponoroff - Tul. L. Rev., 2022 - HeinOnline
The preference and fraudulent transfer provisions are cozily nestled right next to one
another in the federal Bankruptcy Code, 2 and yet, they have very little in common in terms …
another in the federal Bankruptcy Code, 2 and yet, they have very little in common in terms …
Fee-Shifting in Bankruptcy
DJ Bussel - Am. Bankr. LJ, 2021 - HeinOnline
This Article examines attorney fee-shifting practices in bankruptcy from theoretical, historical,
caselaw, statutory, empirical and comparative perspectives. Although the Supreme Court …
caselaw, statutory, empirical and comparative perspectives. Although the Supreme Court …
Optimal Deterrence and the Preference Gap
B Gotberg - BYU L. Rev., 2018 - HeinOnline
Optimal Deterrence and the Preference Gap Page 1 Optimal Deterrence and the Preference
Gap Brook Gotberg* It is generally understood that the way to discourage particular behavior …
Gap Brook Gotberg* It is generally understood that the way to discourage particular behavior …
Poking at Preference Actions: SBRA Amendments Signal the Need for Change
BE Gotberg - Am. Bankr. Inst. L. Rev., 2020 - HeinOnline
Buried in the list of proposed changes for the Small Business Reorganization Act (" SBRA"),
most of which amend chapter 11 of the Bankruptcy Code (the" Code"), are two provisions …
most of which amend chapter 11 of the Bankruptcy Code (the" Code"), are two provisions …
The power struggle: shareholder rights in Brazilian corporate bankruptcy
J Nowak - U. Miami Int'l & Comp. L. Rev., 2017 - HeinOnline
Across the globe, those who study bankruptcy recognize that there are several fundamental
failures of the system. Each country utilizes a different and specialized bankruptcy code …
failures of the system. Each country utilizes a different and specialized bankruptcy code …