The lease of money in bankruptcy: time for consistency?

Article Abstract:

The author discusses the historical justifications from treating personal property leases and loans differently under the Bankruptcy Code. Means of treating for treating both types of lenders equally are suggested.

States, Personal property

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Abusive filings: Can courts stop the abuse within the confines of the Bankruptcy Code?

Article Abstract:

The use of the bankruptcy process to forestall the foreclosure sale of a debtors real property is discussed. Topics include the automatic stay and the problem of abusive filings, current remedies, and bankruptcy reform proposals addressing the abusive filing problem.

Foreclosure

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Serial Chapter 11 filings: finding method in the madness

Article Abstract:

Tests to determine the legitimacy of serial filings in bankruptcy are described. Topics include the background of consecutive Chapter 11 filings, the objective/subjective test, the substantial consummation test, and the change in circumstance test.

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