Compelling state compliance with Chapter 11 tax exemptions in the post-Seminole era
Article Abstract:
The US Supreme Court's decision in Seminole Tribe v. Florida weakened the enforceability against states of section 11 U.S.C. 1146(c) in federal courts. This provision exempts transfers of post-confirmation property from certain taxes. Although Seminole restricted the scope of federal authority to abrogate state sovereignty under the 11th Amendment of the US Constitution, the case did not affect the provision's enforceability against state subdivisions.
Publication Name: Commercial Law Journal
Subject: Law
ISSN: 0010-3055
Year: 1998
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Proving fraud in credit card dischargeability actions: a permanent state of flux?
Article Abstract:
The standard for a finding of enforceable fraud with which to defeat dischargeable debt in a bankruptcy filing is ever-changing and particularly difficult for credit card issuers to prove. The nature of credit card transactions implies that issuers have assumed the risk of the transaction, thus negating their later made claims that a user may have intended not to pay for the debts incurred with the card.
Publication Name: Commercial Law Journal
Subject: Law
ISSN: 0010-3055
Year: 1997
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The nature and functions of a Rescue Culture
Article Abstract:
The author discusses the history and future of bankruptcy law in the United Kingdom with a focus on the advisability of an underlying Rescue Culture philosophy which encourages the preservation of viable business enterprises.
Publication Name: Commercial Law Journal
Subject: Law
ISSN: 0010-3055
Year: 1999
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- Abstracts: Yes: litigants deserve a justice with an open mind. No: the costs would be too high. Yes: victims deserve justice no less than defendants
- Abstracts: The underlying problem. Disability insurance with social insurance integration: the best value?
- Abstracts: No sign yet of an upturn in pay awards. Furthern upturn in settlements