Chapter 13 of the Federal Bankruptcy Code offers individuals an opportunity to discharge their indebtedness when faced with a catastrophic financial situation. This Article examines the Chapter 13 discharge through what the author finds to be its most important element: good faith. The author concludes that courts\u27 focus on the good faith doctrine causes courts to defy the plain meaning of the Bankruptcy Code. This hole in the Code renders the Code unpredictable, and the author argues against courts that take on a moral analysis by applying good faith rather than strictly adhering to the plain meaning of the Bankruptcy Code
(Excerpt) Title 11 of the United States Code (the “Bankruptcy Code”) provides a fresh start to the “...
(Excerpt) Recent bankruptcy cases are exposing a problem. Affluent individuals filing for bankruptcy...
Faced with hundreds of clergy sexual misconduct cases last year, the Archdiocese of Boston hinted th...
(Excerpt) Luxurious lifestyles implicate a debtor’s good faith when applying for the protections pro...
Bankruptcy is a judicial process purporting to regulate and adjust the financial relationships betwe...
This article considers the good faith requirement in the confirmation of a Chapter 13 plan that seek...
(Excerpt) The United States Bankruptcy Code (the “Bankruptcy Code”) offers a wide range of instances...
I. Introduction II. The Connection to Bankruptcy Rule 9011 III. The Influence of Bankruptcy Rule 901...
(Excerpt) Under section 1112(b) of title 11 of the United States Code (the “Bankruptcy Code”), a ban...
Section 1325(a)(3) of the Bankruptcy Code requires chapter 13 plans to be proposed in good faith an...
(Excerpt) The Bankruptcy Code states that municipalities may only proceed under chapter 9 of the Ban...
The central justification for the debtor financial relief provisions of the Bankruptcy Code is found...
Bankruptcy as a Revolutionary Concept: Good Faith Filing and a Theory of Obligatio
In response to a gap in the corporate bankruptcy literature, this Article offers a new positive theo...
(Excerpt) Discharge is of singular importance to the individual in a Chapter 7 case. Discharge enabl...
(Excerpt) Title 11 of the United States Code (the “Bankruptcy Code”) provides a fresh start to the “...
(Excerpt) Recent bankruptcy cases are exposing a problem. Affluent individuals filing for bankruptcy...
Faced with hundreds of clergy sexual misconduct cases last year, the Archdiocese of Boston hinted th...
(Excerpt) Luxurious lifestyles implicate a debtor’s good faith when applying for the protections pro...
Bankruptcy is a judicial process purporting to regulate and adjust the financial relationships betwe...
This article considers the good faith requirement in the confirmation of a Chapter 13 plan that seek...
(Excerpt) The United States Bankruptcy Code (the “Bankruptcy Code”) offers a wide range of instances...
I. Introduction II. The Connection to Bankruptcy Rule 9011 III. The Influence of Bankruptcy Rule 901...
(Excerpt) Under section 1112(b) of title 11 of the United States Code (the “Bankruptcy Code”), a ban...
Section 1325(a)(3) of the Bankruptcy Code requires chapter 13 plans to be proposed in good faith an...
(Excerpt) The Bankruptcy Code states that municipalities may only proceed under chapter 9 of the Ban...
The central justification for the debtor financial relief provisions of the Bankruptcy Code is found...
Bankruptcy as a Revolutionary Concept: Good Faith Filing and a Theory of Obligatio
In response to a gap in the corporate bankruptcy literature, this Article offers a new positive theo...
(Excerpt) Discharge is of singular importance to the individual in a Chapter 7 case. Discharge enabl...
(Excerpt) Title 11 of the United States Code (the “Bankruptcy Code”) provides a fresh start to the “...
(Excerpt) Recent bankruptcy cases are exposing a problem. Affluent individuals filing for bankruptcy...
Faced with hundreds of clergy sexual misconduct cases last year, the Archdiocese of Boston hinted th...