Encouraging creditor participation: integrating the allowance of administrative expenses with the common fund theory
Article Abstract:
Bankruptcy Code Section 503(b)(3)(D) provides that creditors who make a "substantial contribution" to the bankruptcy process can recover administrative expenses. However, the difficulty of obtaining expenses under this Section has deterred creditors from being more involved in bankruptcies. The common fund doctrine, drawn from the law of restitution, would relieve this situation by allowing creditors to recover expenses when they help create a common fund that benefits all the creditors of a particular debtor.
Publication Name: Bankruptcy Developments Journal
Subject: Law
ISSN: 0890-7862
Year: 1998
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The constitutionality of Section 106: a historical solution to a modern debate
Article Abstract:
Recently, it has been claimed that the Supreme Court's interpretation of the 11th Amendment has made Section 106 of the Bankruptcy Code an unconstitutional abrogation of state immunity. The author examines this claim and concludes that this section was not needed due to the uniform requirement of the Bankruptcy Code.
Publication Name: Bankruptcy Developments Journal
Subject: Law
ISSN: 0890-7862
Year: 2001
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Section 525(a) of the Bankruptcy Code and sovereign immunity: the Supreme Court's creation of a super creditor
Article Abstract:
The author analyzes the viability of s. 525(a) of the Bankruptcy Code, which prohibits discrimination against a debtor solely on the grounds of the debtor's bankruptcy, in light of Supreme Court rulings granting the states immunity from suits in federal court.
Publication Name: Bankruptcy Developments Journal
Subject: Law
ISSN: 0890-7862
Year: 2001
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