Bankruptcy
This is FindLaw’s collection of Bankruptcy articles, part of the Finance section of the Corporate Counsel Center. Bankruptcy law is federal statutory law contained in Title 11 of the United States Code. Congress passed the Bankruptcy Code under its constitutional grant of authority to "establish… uniform laws on the subject of Bankruptcy throughout the United States." Bankruptcy proceedings are supervised by and litigated in the United States Bankruptcy Courts. Find information about bankruptcy laws, including answers to some of the most frequently asked questions. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.
Finance
Bankruptcy Articles
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MDCR Implements New Problem Resolution Process
The Michigan Department of Civil Rights (MDCR) recently implemented a new system for handling employment discrimination complaints. This new system is called the "Problem Resolution Process." It emphasizes early resolution techniques which often ...
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New Bankruptcy Bill Proposes Sweeping Changes for Creditors and Consumer Debtors
Once again in 1998, the number of consumer bankruptcy filings will exceed 1,000,000, surpassing the record set last year. In response to the declining stigma associated with seeking bankruptcy protection, on June 10, 1998, the U.S. House of ...
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New Interest Rate Policy Adopted by Mississippi Bankruptcy Judges
Local practitioners have been advised by the Chapter 13 Bankruptcy Trustee for the Southern District of Mississippi that the three sitting Bankruptcy Judges in the State of Mississippi have adopted an informal policy under which the maximum interest ...
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New Options for Individual Retirement Planning
TRA '97 created many new opportunities for individuals to increase their retirement savings on a tax-favored basis. One such innovation is the Roth IRA, which has received tremendous coverage in the press. Individuals with a modified adjusted gross ...
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New Statute Permits An Original Contractor to Stop Work on a Project withouth Liability
On May 3, 1999, the United States Supreme Court delivered its long awaited decision Bank of America v. 203 North LaSalle Street Partnership, 126 F.3d 955 (1999), and in doing so created some serious impediments to the confirmation of so-called "new ...
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Ninth Circuit Court of Appeal Decides Appropriate Standard for Bad Faith Filing of Chapter 13 Bankruptcy Petition
On March 26, 1999, the Ninth Circuit Court of Appeals decided, in an as of yet nonfinal decision, In re Jonathan Barnes Leavitt, the standard of bad faith as "cause" to dismiss a Chapter 13 bankruptcy petition with prejudice. Bad faith is a generic ...
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Ninth Circuit Finally Rules on Separate Classification of Deficiency Claims
In the winter 1996 issue of this report, Terry J. Allen discussed the Barakat case pending with the Ninth Circuit Court of Appeals. On November 12, 1996, the Ninth Circuit issued its decision: At first blush, a resounding victory for undersecured ...
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On-Line Brokerage: Keeping Apace of Cyberspace: Summary
After a series of on-line investing roundtables conducted earlier this year, Securities and Exchange Commissioner Laura S. Unger on November 22 released a report summarizing the findings of the roundtable participants and recommendations for ongoing ...
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Pension Law Changes are Effective Now Even Though Plan Amendments are Postponed
Recent legislation will require sponsors of tax-qualified pension and profit sharing plans to adopt amendments to their plans. The IRS has recently announced that formal amendment of plans to conform to new laws will not be required until the end of ...
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Personal Bankruptcy Filings on the Decline?
As 1998 draws to a close, many experts predict another record year for personal bankruptcy filings. The 1.3 million petitions filed in 1997 will be matched or surpassed in 1998. Absent significant reforms to bankruptcy law, however, experts do not ...
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