Section 505 of the Bankruptcy Code allows a court of determine tax related issues. Apart from three narrow exceptions contained within the provision, bankruptcy courts\u27 authority under § 505 is essentially limitless. The broad language of § 505 extends bankruptcy courts\u27 authority far beyond the context of bankruptcy, and courts have acknowledged that the plain meaning of the statute effectively creates a second tax court system. Interpreting § 505 in this manner raises constitutionality and federalism concerns and is ostensibly impractical. For these reasons, courts have taken three general approaches to define the extent of bankruptcy courts\u27 authority under § 505. This Comment evaluates these three approaches and examines other ...
(Excerpt) The Bankruptcy Code enables bankruptcy courts to take certain measures to facilitate the c...
Bankruptcy courts are vested with authority under Article I to provide swift resolution of a debtor\...
Generally, Chapter 7 bankruptcy is available to only the most desperate individual debtors who do no...
This paper argues that the current approach that bankruptcy courts have taken in circumscribing the ...
This Note seeks to evaluate the circuit split regarding the status of bankruptcy courts and propose ...
Despite historical and modern developments, the heart of bankruptcy law centers around providing fre...
In 2014, the U.S. Court of Appeals for the Seventh Circuit confronted, for the first time, the issue...
The most current version of the Bankruptcy Code, the Bankruptcy Abuse Prevention and Consumer Protec...
In this Article Professor Block-Lieb critically examines the power of a federal district or bankrup...
(Excerpt) The Anti–Injunction Act is a provision of the U.S Code that prohibits any court from imped...
(Excerpt) The Anti–Injunction Act is a provision of the U.S Code that prohibits any court from imped...
Generally, Chapter 7 bankruptcy is available to only the most desperate individual debtors who do no...
In the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), Congress included a...
Congress has a great affinity for debt adjustment bankruptcies. These are bankruptcies in which a de...
(Excerpt) The Bankruptcy Code enables bankruptcy courts to take certain measures to facilitate the c...
(Excerpt) The Bankruptcy Code enables bankruptcy courts to take certain measures to facilitate the c...
Bankruptcy courts are vested with authority under Article I to provide swift resolution of a debtor\...
Generally, Chapter 7 bankruptcy is available to only the most desperate individual debtors who do no...
This paper argues that the current approach that bankruptcy courts have taken in circumscribing the ...
This Note seeks to evaluate the circuit split regarding the status of bankruptcy courts and propose ...
Despite historical and modern developments, the heart of bankruptcy law centers around providing fre...
In 2014, the U.S. Court of Appeals for the Seventh Circuit confronted, for the first time, the issue...
The most current version of the Bankruptcy Code, the Bankruptcy Abuse Prevention and Consumer Protec...
In this Article Professor Block-Lieb critically examines the power of a federal district or bankrup...
(Excerpt) The Anti–Injunction Act is a provision of the U.S Code that prohibits any court from imped...
(Excerpt) The Anti–Injunction Act is a provision of the U.S Code that prohibits any court from imped...
Generally, Chapter 7 bankruptcy is available to only the most desperate individual debtors who do no...
In the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), Congress included a...
Congress has a great affinity for debt adjustment bankruptcies. These are bankruptcies in which a de...
(Excerpt) The Bankruptcy Code enables bankruptcy courts to take certain measures to facilitate the c...
(Excerpt) The Bankruptcy Code enables bankruptcy courts to take certain measures to facilitate the c...
Bankruptcy courts are vested with authority under Article I to provide swift resolution of a debtor\...
Generally, Chapter 7 bankruptcy is available to only the most desperate individual debtors who do no...