Negligence as an exception to the forgery doctrine: when does it exist?

Article Abstract:

The rule that the person whose name is signed has no liability with respect to a forged instrument is not absolute. UCC 3-406 provides the most frequently used exception to the rule, liability for a person whose negligence causes a forgery to be put in circulation. The aggrieved party can use the doctrine of estoppel if successful in proving that the drawer was negligent. Business practices which qualify as negligence include improper signing or certification of the instrument, negligent delivery and improper signing of the instrument.

Laws, regulations and rules, Negligence, Forgery

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Hidden liens: who is entitled to what?

Article Abstract:

Hidden liens must be considered by attorneys charged with protecting their clients' interests in a bankruptcy proceeding. Hidden liens refer to unforeseen claims. Hidden liens can arise under the Perishable Agricultural Commodities Act and Packers and Stockyards Act. Attorneys should also be concerned with mechanics' liens, environmental liens, tax liens, and maritime liens. Attorneys should create checklists that account for possible hidden liens in a bankruptcy proceeding.

United States, Bankruptcy Law, Other Justice, Public Order, and Safety Activities, Liens

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An historical analysis of pre-bankruptcy conversion cases on a circuit-by-circuit basis

Article Abstract:

The US Circuit Courts of Appeals and lower courts have historically inconsistently treated pre-bankruptcy conversions or attempts by debtors to minimize the economic effects of yet-to-be filed bankruptcy proceedings. Such pre-bankruptcy planning is viewed by some as fraud. Uniformity in treatment could be provided by Congress or by the US Supreme Court.

History, Surveys, Economic conversion

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