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Bankruptcy Pro Bono Representation of Consumers : The Seven Deadly Sins

Rapoport, Nancy B.; Bernier, Roland J. - 2008

Persistent link: https://www.econbiz.de/10014222277

Discharge of Late Tax Return Debt in Bankruptcy : Fixing BAPCPA's Draconian Hanging Paragraph

Todd, Timothy M. - 2019

The current majority rule for handling the discharge of tax debt related to a tardily filed tax return is severely distorted and antithetical to sound bankruptcy and taxation policy. For years, it was established law that bankruptcy could discharge stale tax debts. Indeed, the Bankruptcy Code...

Persistent link: https://www.econbiz.de/10012903140

The Consequences of a Relic's Codification : The Dubious Case for Bad Faith Dismissals of Involuntary Bankruptcy Petitions

Shachmurove, Amir - 2020

Since 1978, dismissals of involuntary bankruptcy petitions due to petitioning creditors' bad faith have proliferated. In the process, a textual oddity has not gone unnoticed: even as “bad faith” is denominated as the basis for an award of punitive damages, nowhere in the Bankruptcy Code's...

Persistent link: https://www.econbiz.de/10012854641

Sherlock's Admonition : Vindicatory Contempts as Criminal Actions for Purposes of Bankruptcy Code § 362

Shachmurove, Amir - 2020

For more than two decades, a debate has raged over what to make of vindicatory contempts, a class of ostensibly civil contempt orders intended to punish a debtor for his or her defiance of prior judicial orders issued pre-petition by a state court. Because § 362(a)(1) applies to all judicial...

Persistent link: https://www.econbiz.de/10012855948

Other People's Money : Gambling and Bankruptcy

Duns, John - 2009

There has been a renewed focus on gambling and its social consequences. One potential consequence facing gamblers is bankruptcy. This article considers how gambling and gambling debts are treated in bankruptcy. It includes an examination of the extent to which gambling is a cause of bankruptcy;...

Persistent link: https://www.econbiz.de/10012764714

Insolvency : Calling in the Undertakers - Income Tax, CGT, GST and Stamp Duty Aspects

Glover, John - 2009

fictions. The main effect of GST on corporate insolvency, by contrast, concerns debt recovery. Positions of the Australian Tax …

Persistent link: https://www.econbiz.de/10014210249

Beyond Uncitral : Alternatives to Universality in Transnational Insolvency

Kipnis, Alexander M. - 2006

establishment of an international body for administering transnational insolvency proceedings. It further addresses the UNCITRAL …

Persistent link: https://www.econbiz.de/10014057179

Conflict of Laws in Insolvency Transaction Avoidance

Ho, Look Chan - 2008

insolvency transaction avoidance and proposes the path forward. The proposals seek to reorient the jurisprudence on …

Persistent link: https://www.econbiz.de/10014216751

UK Bank Insolvency Reform

Ho, Look Chan - 2008

Recent credit difficulties have revealed the potential inadequacies of UK insolvency regimes applicable to credit … institutions, prompting the UK regulatory authorities to consult on the possibility of insolvency reform. This article discusses … the recent credit crisis, considers the US bank insolvency regimes and reviews some of the proposals for reform of the UK …

Persistent link: https://www.econbiz.de/10014216752

'Bankruptcy Tourism' Under the EC Regulation on Insolvency Proceedings : A View from England and Wales

Walters, Adrian - 2012

favourable personal insolvency law - within the EU and with particular reference to England and Wales. After outlining the … structural features of the European legal framework that make forum shopping for personal insolvency law possible, including the … EC Regulation on Insolvency Proceedings, and explaining why England and Wales in particular has proved to be an …

Persistent link: https://www.econbiz.de/10013115988