May I have my balance please? Allocation of payments in bankruptcy cases

Article Abstract:

Chapter 11 debtors can direct the allocation of payments made to undersecured creditors, giving debtors an opportunity to provide equitable treatment to unsecured creditors with similar claims. Although this right is often overlooked, directing allocation of such payments allows the debtor to protect unsecured creditors while increasing equity in secured portions of the bankruptcy estate's assets. Case law on the sources, treatment, and voluntariness of postpetition adequate protection payments may help to determine the feasibility of controlling undersecured creditors' payments.

Bankruptcy reorganizations, Bankruptcy reorganization

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Lien stripping under Russian bankruptcy law: Is it fair?

Article Abstract:

The author discusses Russian bankruptcy law, which automatically strips secured creditors of their pre-petition liens upon bankruptcy filing. Non-economic justifications and traditional public policy principles for bankruptcy laws generally are analyzed.

International, Russia

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The judicial treatment of gambling related transactions in current bankruptcy proceedings

Article Abstract:

The author discusses bankruptcy cases involving debtors who have incurred gambling losses and issues involving bankruptcy discharge and fraud in such cases.

United States, Fraud, Gambling

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