Trustee liability: is there enough protection for these "arms of the court?" (bankruptcy trustees)
Article Abstract:
Efficient administration of justice in the bankruptcy courts would be more likely with the elimination of a negligence standard applied to trustees in bankruptcy. The number of qualified trustee candidates may diminish if trustees are not subject to the weaker standard of personal liability for harm resulting from deliberate or willful acts. Courts have inconsistently applied the principles of trustee liability set forth by the US Supreme Court in Mosser v. Darrow.
Publication Name: Commercial Law Journal
Subject: Law
ISSN: 0010-3055
Year: 1998
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Deciphering conflicts of interest in bankruptcy representation: an update
Article Abstract:
An update of the conflicts of interest rules applying to the retention of bankruptcy attorneys is given. The Bankruptcy Code prohibits certain conflicts from being waived that a client could waive after full disclosure in other legal contexts. The application of conflicts-of-interest rules to the current and former representation of secured and unsecured creditors is discussed.
Publication Name: Commercial Law Journal
Subject: Law
ISSN: 0010-3055
Year: 2000
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Intentional torts and bankruptcy: an evaluation of Geiger v. Kawaauhau
Article Abstract:
The author outlines the debate over application of section 523(a)(6) of the Bankruptcy Code, limiting debt discharge for willful and malicious injury by the debtor to another party. The potential effect of the Geiger v. Kawaauhau bankruptcy case on tort law is discussed.
Publication Name: Commercial Law Journal
Subject: Law
ISSN: 0010-3055
Year: 2000
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- Abstracts: Establishing the International Tribunal for the Law of the Sea. Controlling interlocutory aspects of proceedings in the International Court of Justice
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