Bankruptcy and the Supreme Court

Select a format

Print Book :One bound volume
ISBN: 9781422427514
In Stock
QTY
International Order Inquiry

Product details

Bankruptcy and the Supreme Court is a landmark work that examines all of the U.S. Supreme Court's bankruptcy decisions since 1898. This comprehensive bankruptcy law reference book 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.

Authors / Contributors

Table of Contents

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