Add to ORKGSpringing and exploding guaranties - insider guaranties that will become due ifand when a borrower files for bankruptcy - have become popular as bankruptcy-proofing devices, yet there is little case law or literature on their enforceability. This article reviews the limited existing law on these bankruptcy-contingent guaranties and examines some of the arguments against their enforceabiltiy that can be expected to be made in the future
Business failure negatively affects a broad range of interests, yet the bankruptcy process directly ...
This Article evaluates the issues arising under 11 U.S.C. § 303, which governs involuntary bankruptc...
There have been recent conflicting decisions in U.S. district courts of New York, Delaware, and othe...
Springing and exploding guaranties - insider guaranties that will become due ifand when a borrower f...
This Note addresses the relatively recent phenomenon of springing guaranties, albeit only in the con...
The author of this article discusses two recent cases which deal with unconditional liability on non...
The purpose of this Article is to expose that function of bankruptcy law that distinguished it from ...
This article presents an economic analysis of insider guaranties in small business finance and bankr...
Even though contracts of guaranty are not subject to uniform standards of interpretation throughout ...
Loan payments made within a year of a bankruptcy filing could be considered avoidable preferences if...
(Excerpt) Insolvency and bankruptcy pose great risks to a creditor’s investments. Although business ...
(Exceprt) This article addresses whether a bankruptcy court has the discretionary power to dismiss a...
Despite considerable litigation on the subject, there is little agreement as to whether courts must ...
This paper explores the legitimacy—or illegitimacy—of filing and maintaining a case under the Bankru...
Grifters take advantage of situations, latching on to others for benefits they do not deserve. Bankr...
Business failure negatively affects a broad range of interests, yet the bankruptcy process directly ...
This Article evaluates the issues arising under 11 U.S.C. § 303, which governs involuntary bankruptc...
There have been recent conflicting decisions in U.S. district courts of New York, Delaware, and othe...
Springing and exploding guaranties - insider guaranties that will become due ifand when a borrower f...
This Note addresses the relatively recent phenomenon of springing guaranties, albeit only in the con...
The author of this article discusses two recent cases which deal with unconditional liability on non...
The purpose of this Article is to expose that function of bankruptcy law that distinguished it from ...
This article presents an economic analysis of insider guaranties in small business finance and bankr...
Even though contracts of guaranty are not subject to uniform standards of interpretation throughout ...
Loan payments made within a year of a bankruptcy filing could be considered avoidable preferences if...
(Excerpt) Insolvency and bankruptcy pose great risks to a creditor’s investments. Although business ...
(Exceprt) This article addresses whether a bankruptcy court has the discretionary power to dismiss a...
Despite considerable litigation on the subject, there is little agreement as to whether courts must ...
This paper explores the legitimacy—or illegitimacy—of filing and maintaining a case under the Bankru...
Grifters take advantage of situations, latching on to others for benefits they do not deserve. Bankr...
Business failure negatively affects a broad range of interests, yet the bankruptcy process directly ...
This Article evaluates the issues arising under 11 U.S.C. § 303, which governs involuntary bankruptc...
There have been recent conflicting decisions in U.S. district courts of New York, Delaware, and othe...