Now showing items 1-10 of 59
Reaffirmation: The ethical role of the debtor's attorney
Marianne B. Culhane & Michaela M. White, Reaffirmation: The Ethical Role of the Debtor's Attorney, in 10th Biennial Judge Joe Lee Bankruptcy Institute C-1 (Univ. of Ky. Coll. Of Law Office of Continuing Legal Educ. ed., 2001).
Necessity of protecting public securities transactions: Reading Bankruptcy Code section 546(e) to preempt state-law fraudulent transfer avoidance actions
Irina Fox, The Necessity of Protecting Public Securities Transactions: Reading Bankruptcy Code Section 546(e) to Preempt State-Law Fraudulent Transfer Avoidance Actions, 27 Norton J. Bankr. L. & Prac. 123 (2018).
Michaela M. White, Catherine M. Brooks, & Thalia Downing Carroll, Bankruptcy Simulations (2018).
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005: Evaluation of the effects of using IRS expense standards to calculate a debtor's monthly disposable income
Stephen J. Carroll, Noreen Clancy, Melissa A. Bradley, Jennifer Pevar, Marianne Culhane & Michaela White, The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005: Evaluation of the Effects of Using IRS Expense Standards to Calculate a Debtor's Monthly Disposable Income (2007), reprinted in U.S. Department of Justice, Executive Office for United States Trustees, Report to Congress: Impact of the Utilization of Internal Revenue Service Standards for Determining Expenses on Debtors and the Court Exhibit 1 (2007).
Attachment and perfection of security interests under Revised Article 9: A "Nuts and Bolts" primer
Terry M. Anderson, Marianne B. Culhane & Catherine Lee Wilson, Attachment and Perfection of Security Interests Under Revised Article 9: A "Nuts and Bolts" Primer, 9 Am. Bankr. Inst. L. Rev. 179 (2001).
This article covers the scope of revised Article 9, attachment, choice of law for perfection, effect of perfection, priority, perfection by filing, perfection outside Article 9 for goods covered by certificates of title, ...
"Reasonably equivalent value" in § 548 avoidance actions: An analytical framework post-In re TOUSA, Inc.
Irina Fox, “Reasonably Equivalent Value” in § 548 Avoidance Actions: An Analytical Framework Post-In re TOUSA, Inc., 20 Norton J. Bankr. L. & Prac. 469 (2011).
Avoidance powers in bankruptcy are designed to prevent the debtor from fraudulently siphoning away his property on the verge of bankruptcy. Usually, a trustee in bankruptcy can avoid prepetition transfers of the debtor’s ...
Distressed lender beware: How TOUSA killed the upstream guaranty
Irina Fox, Distressed Lender Beware: How TOUSA Killed the Upstream Guarantee, 21 Norton J. Bankr. L. & Prac. 707 (2012).
The United States Court of Appeals for the Eleventh Circuit, in its May 15, 2012 opinion In Re. TOUSA, Inc., reversed the decision of the United States District Court for the Southern District of Florida, and affirmed the ...
Settlement payment exception to avoidance powers in bankruptcy: An unsettling method of avoiding recovery from shareholders of failed closely held company LBOs
Irina V. Fox, Settlement Payment Exception to Avoidance Powers in Bankruptcy: An Unsettling Method of Avoiding Recovery from Shareholders of Failed Closely Held Company LBOs, 84 Am. Bankr. L.J. 571 (2010).
This is the first scholarly article to analyze the recent jurisprudential expansion of 11 U.S.C. § 546(e), the settlement payment exception to bankruptcy avoidance powers. This provision was originally enacted by Congress ...
Enforcing (or not) arbitration clauses in bankruptcy
Marianne B. Culhane & Michaela M. White, Enforcing (or Not) Arbitration Clauses in Bankruptcy, in 2 Consumer Financial Services Litigation 39 (Practising Law Inst. ed., 2003).
Means testing issues
Michaela White & Marianne Culhane, Means Testing Issues, in 2006 Bankruptcy Law Update (Neb. Continuing Legal Educ. ed., 2006).