Encouraging creditor participation: integrating the allowance of administrative expenses with the common fund theory

Article Abstract:

Bankruptcy Code Section 503(b)(3)(D) provides that creditors who make a "substantial contribution" to the bankruptcy process can recover administrative expenses. However, the difficulty of obtaining expenses under this Section has deterred creditors from being more involved in bankruptcies. The common fund doctrine, drawn from the law of restitution, would relieve this situation by allowing creditors to recover expenses when they help create a common fund that benefits all the creditors of a particular debtor.

Debtor and creditor

---

The constitutionality of Section 106: a historical solution to a modern debate

Article Abstract:

Recently, it has been claimed that the Supreme Court's interpretation of the 11th Amendment has made Section 106 of the Bankruptcy Code an unconstitutional abrogation of state immunity. The author examines this claim and concludes that this section was not needed due to the uniform requirement of the Bankruptcy Code.

Exclusive and concurrent legislative powers, Preemption (Legislative power)

---

Section 525(a) of the Bankruptcy Code and sovereign immunity: the Supreme Court's creation of a super creditor

Article Abstract:

The author analyzes the viability of s. 525(a) of the Bankruptcy Code, which prohibits discrimination against a debtor solely on the grounds of the debtor's bankruptcy, in light of Supreme Court rulings granting the states immunity from suits in federal court.

Federalism

Similar abstracts:

• Abstracts: Judge for the situation: Judge Jack Weinstein, creator of temporary administrative agencies. Tribute to the Honorable Jack Weinstein
• Abstracts: Public sector grievance arbitration: structure and administration. The Indianapolis experience
• Abstracts: The myth of self-managing teams: a reflection on the allocation of responsibilities between individuals, teams and the organization
• Abstracts: Biz law is future of pro bono growth; public interest law is no longer the sole province of litigators, with nonprofits seeking corporate lawyers as volunteers
• Abstracts: Understanding the right to an undiluted vote. State courts and "passive virtues": rethinking the judicial function

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.