Discovery under the Federal Rules of Bankruptcy Procedure
Article Abstract:
The discovery provisions in the Federal Rules of Civil Procedure and the Federal Rules of Bankruptcy Procedure collide when a bankruptcy court's examination of a debtor takes on the character of an adversarial proceeding. Though bankruptcy judges need latitude to expedite proceedings, debtors must be protected under the Civil Rules when discovery requests are unduly unfair or burdensome. Resolving the differences of the rules' discovery requirements may require a Supreme Court ruling.
Publication Name: Bankruptcy Developments Journal
Subject: Law
ISSN: 0890-7862
Year: 1993
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Individual consumer "Chapter 20" cases after Johnson: an introduction to nonbusiness serial filings under Chapter 7 and Chapter 13 of the Bankruptcy Code
Article Abstract:
Chapter 20 individual bankruptcy filings are an important technique which should be considered by practitioners. A Chapter 20 filing consists of a Chapter 7 filing followed by a Chapter 13 filing. Such a practice was validated in Johnson v Home State Bank. If practitioners ignore the possibility of Chapter 20 filings, they can be found guilty of malpractice.
Publication Name: Bankruptcy Developments Journal
Subject: Law
ISSN: 0890-7862
Year: 1992
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Application of the "feasibility" test under section 362(d)(2): did Timbers really change anything?
Article Abstract:
Standards are needed for application of section 362(d)(2) of the Bankruptcy Code covering automatic stays. Courts often apply a feasibility test from United Savings Assn v Timbers of Inwood Forest Assoc, but inconsistent decisions have resulted and no standard criteria exist for that test. One standard would be requiring the 120 day period of exclusion.
Publication Name: Bankruptcy Developments Journal
Subject: Law
ISSN: 0890-7862
Year: 1992
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- Abstracts: Sole shareholder and officer of company contributing to union plan who used employee salary reduction amounts to pay company creditors is fiduciary and personally liable
- Abstracts: Invoking the 5th in civil cases: awareness of self-incrimination risks in non-criminal forums can prevent a waiver of the privilege
- Abstracts: Model procedures for sexual harassment claims. Excessive absenteeism and the Disabilities Act. Sexual harassment: new challenge for labor arbitrators?
- Abstracts: Teacher empowerment in education: a response. Faculty senates as labor organizations: an investigation of governance structures in higher education
- Abstracts: Alternatives to the strike as a model of resistance: case studies and theory building. Strong unions are needed for economic success