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Bankruptcy and the Supreme Court

A comprehensive desk reference for lawyers, judges, and scholars examining the high court's bankruptcy decisions since 1898


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Publisher :LexisNexis
Format: One bound volume , BOOK
ISBN: 9781422427514
2009
  $80.00
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    Bankruptcy and the Supreme Court is a comprehensive desk reference for lawyers, judges, and scholars examining the high court's bankruptcy decisions since 1898. This landmark work is the product of more than seven years of effort by Professor Kenneth N. Klee, of the University of California, Los Angeles, and was sponsored by the American College of Bankruptcy and the American College of Bankruptcy Foundation.

    Anyone with involvement in bankruptcy practice should consult this work to gain deeper appreciation of the development of bankruptcy law and to understand bankruptcy in the wider context of Supreme Court practice and jurisprudence.

    The work analyzes the Supreme Court's approach to bankruptcy law from six perspectives:

  • Chapter 1 looks at the Court as a governmental and political institution.
  • Chapter 2 considers how the Court resolves conflicts between bankruptcy law and other areas of state and federal law.
  • Chapter 3 discusses the constitutional aspects of bankruptcy law.
  • Chapter 4 examines the Court's treatment of the bankruptcy court as a judicial institution.
  • Chapter 5 offers a detailed analysis of specific bankruptcy doctrines and policies.
  • Chapter 6 addresses some of the bankruptcy cases over the past 111 years in which the Court has sharply changed the course of bankruptcy law; it also includes cases that are the author's personal favorites.

    Also included are thorough tables of cases and authorities and a detailed index.

    • Preface
    Table of Cases
    Tables of Authorities
    INTRODUCTION

    CHAPTER 1 -- THE BUSINESS AND HABITS OF THE SUPREME COURT
    Introduction
    The Court's Caseload
    Certiorari Granted or Denied
    Certiorari Granted and Issue Ducked
    How the Court Appears to Decide Cases
    Statutory Construction
    Legal Maxims
    Oral Argument
    Politics and the Court
    The Justices' Private Papers
    The Court's Regulation of Bankruptcy Procedure
    Conclusion
    Appendix A: Empirical Case Study
    Supreme Court Bankruptcy Case Study Methodology
    Results of Study on Supreme Court Dischargeability Cases and Government Cases
    Appendix B: Data on Dissenting Opinions

    CHAPTER 2 -- THE COURT RESOLVES CONFLICTS BETWEEN BANKRUPTCY LAW AND OTHER AREAS OF STATE AND FEDERAL LAW
    Introduction
    Administrative Law
    Environmental Law
    Family Law
    Labor Law
    Pension Law
    Probate Law
    Real Estate Law
    Tax Law
    Tax Refunds or Withholdings as Property of the Estate
    Adjudication of the Trustee's Duty to File Tax Returns and Pay Taxes
    Determination of Tax Claims
    Determination of Tax Priorities
    Determination of Dischargeability of Tax Claims
    Disposition of Tax Liens
    Conclusion

    CHAPTER 3 -- BANKRUPTCY AND CONSTITUTIONAL LAW: SOVEREIGN IMMUNITY, FEDERAL PREEMPTION, FEDERALISM, AND THE USE OF STATE LAW IN BANKRUPTCY
    Introduction
    Constitutional Law
    Scope and Constitutionality of The Bankruptcy Power
    Conflicts with Other Constitutional Provisions
    The Fifth Amendment Privilege Against Self Incrimination
    The Takings Clause
    The Due Process Clause
    The Seventh Amendment
    The Tenth Amendment
    Article III
    Sovereign Immunity
    Federal Sovereign Immunity
    Eleventh Amendment Immunity
    Constitutional Sovereign Immunity
    Ex parte Young Relief
    Federal Preemption and Federalism
    Preemption
    Federalism
    The Use of State Law in Bankruptcy
    Conclusion

    CHAPTER 4 -- JUDICIAL POWER: JURISDICTION, POWERS OF THE BANKRUPTCY COURT, RES JUDICATA AND COLLATERAL ESTOPPEL
    Introduction
    Jurisdiction
    Limitations on Bankruptcy Court Jurisdiction
    Powers of The Bankruptcy Court
    Inherent Powers of Bankruptcy Court
    Equity Powers of Bankruptcy Court
    Limitations on the Bankruptcy Court?s Equity Powers
    Power of Bankruptcy Court to Substantively Consolidate
    Res Judicata and Collateral Estoppel
    Limitations on Res Judicata
    Conclusion

    CHAPTER 5 -- FEDERAL BANKRUPTCY LAWS AND POLICIES
    Introduction
    Substantive Bankruptcy Law
    Commencement of the Case: Capacity to File, Who May Be a Debtor, Involuntary Petitions
    Property of the Estate, Exemptions, and Exclusions from the Estate
    Claims: Allowance, Disallowance, Priority, Subordination
    Allowance and Disallowance of Claims
    Secured Claims
    Priorities and Distributions in Bankruptcy
    Subordination
    Estate Administration: Trustees, Receivers, Administrative Expenses and Compensation
    Trustees and Receivers
    Administrative Expense Claims
    Compensation in Bankruptcy Cases
    Administrative Powers: Automatic Stay, Use of Collateral and Other Property, Abandonment, Sales, Financing, Executory Contracts
    Automatic Stay
    Use of Collateral and Other Property
    Abandonment
    Sale of Property
    Financing
    Executory Contracts
    Avoiding Powers: Preferences, Fraudulent Transfers (§§ 548 and 544(b)), Strong Arm Clause, Postpetition Transfers, Setoff, others
    Preferences
    Fraudulent Transfers
    The Strong Arm Clause
    Postpetition Transfers
    Setoff
    Avoiding Statutory Liens
    Plans of Reorganization, Liquidation, and Repayment
    Plans of Reorganization
    Individual Debt Repayment Plans
    Discharge and Nondischargeable Debts
    Bankruptcy Litigation
    Bankruptcy Crimes

    CHAPTER 6 -- LANDMARK CASES AND OLD FAVORITES
    Introduction
    Landmark Cases
    Cases Ruling on the Constitutionality of Bankruptcy Laws
    Decisions Supporting Expansive Bankruptcy Powers
    Cases With Significant Economic Implications
    Old Favorites
    Conclusion
    Index

     

     

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