Preventing voluntary and involuntary bankruptcy petitions by limited liability companies

Article Abstract:

"Hindrance mechanism" are provisions in contracts between a debtor and creditor which are designed to discourage the debtor from filing for bankruptcy. Many such mechanisms are of dubious legality, especially in regard to limited liability companies, which are not extensively dealt with in bankruptcy law. This article examines the issue of hindrance mechanism as applied to limited liability companies.

States, Economic aspects, Practice, Contracts, Limited liability companies, Bankruptcy law

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Coverture and cooperation: the firm, the market, and the substantive consolidation of married debtors

Article Abstract:

The author outlines bankruptcy law as it effects married debtors. The basic requirements under the Bankruptcy Code for substantive consolidation of debt are covered, and the propriety of substantially consolidating the estates of married debtors, or of a married debtor with a non-debtor spouse, is discussed.

Bankruptcy discharge, Marital property

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The sub rosa plan of reorganization: side-stepping creditor protections in Chapter 11

Article Abstract:

The author discusses the potential threat presented by the doctrine of sub rosa, or de facto, plans in Chapter 11bankruptcy reorganization.

Planning, Bankruptcy reorganizations, Bankruptcy reorganization

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