scholarly journals Debtor’s and creditor’s stronghold: Bankruptcy chapter 7, 11 & 13

2019 ◽  
Vol 3 (1) ◽  
pp. 6-16
Author(s):  
Faith Cajudo Orillaza

Bankruptcy law is created to protect debtors from the hands of creditors. This law ensures creditors repay loans by engaging in a particular process. The United States Congress has enacted a decree governing bankruptcy in the form of the Bankruptcy Code. The different types of bankruptcy will be referred to in this article by their chapters: Chapter 7, 11 and 13 (Justia, 2019). This article will identify the differences between these three chapters, their objectives, as well as the advantages and repercussions of each. Further, the non-dischargeable debts, recommendable actions for the filers, numbers of petitioners who have undergone bankruptcy cases, the financial ratio of the petitioners, the common denominator on the filers, and the methodology performed by the chief executive officer (CEO) of the four companies, Coldwater Creek, Kmart, SEARS and Toys “R” Us, will be analyzed. Additionally, the design and methodology for reviving each company that were implemented and applied by each CEO will be examined, and the reasons they were proven ineffective will be offered. By investing more, borrowing can become essential and, liabilities can grow beyond what could be repaid. This results in the filing of bankruptcy for protection from creditors.

1955 ◽  
Vol 12 (2) ◽  
pp. 183-193
Author(s):  
Stanley L. Falk

RESIDENT James Monroe’s message of December 2, 1823 to the United States Congress was greeted with a national acclaim and approval seldom accorded the pronouncements of the American chief executive. The statement of foreign policy—since become known as the Monroe Doctrine—embodied in this message met with almost unanimous praise. “It would indeed be difficult,” noted Addington, the British chargé in Washington, “in a country composed of elements so various, and liable on all subjects to opinions so conflicting, to find more perfect unanimity than has been displayed on every side on this particular point.”


Author(s):  
Kilborn Jason

This chapter discusses the law on creditor claims in the United States. There is nothing particularly remarkable about the way in which the US Bankruptcy Code and Federal Rules of Bankruptcy Procedure deal with the treatment of various claims. The academic debate about the super-priority of secured claims with regard to the collateral securing those claims has more or less subsided, as legislators have remained unmoved by any argument to reduce or constrain the rights of secured creditors beyond the existing constraints of bankruptcy law. Legislators have also resisted efforts to decrease the number of claims afforded special priority over general unsecured claims. The remainder of the chapter deals with insolvency claims, administration claims, and non-enforceable claims in turn. Each part presents: the definition and scope of the claim; rules for submission, verification, and satisfaction or admission of claims; ranking of claims; and voting and other participation rights in insolvency proceedings.


2007 ◽  
Vol 6 (4) ◽  
pp. 430-463 ◽  
Author(s):  
Mattei Dogan

AbstractComparison of three democracies that practice the single member constituency, the common denominator of which is the importance parliamentarians grant to the local issues in their electoral constituencies, often to the detriment of their roles as national legislators and holders of popular legitimacy. These "local servitudes" that entail frequent visits to the constituency and sustained contact with the electors, are examined in terms of tending to the local electoral garden. Emphasis is placed on the similarities between parliamentarians' local preoccupations, in spite of the differences that exist between these three political regimes.


1953 ◽  
Vol 167 (1) ◽  
pp. 113-140
Author(s):  
James R. Bright

Materials handling is one of the fundamental activities of mankind, and the common denominator of all industry, yet it has been relatively neglected by engineers and managers generally. In the United States realization is growing that materials handling accounts for the largest single activity cost in much of manufacturing and distribution. Although many individuals are fully conscious of this, companies differ widely in this recognition and in the way they are trying to improve their materials handling activities. The aims of this lecture are to clarify the major objectives of a materials handling programme; to show how progressive companies are organizing for materials handling; to describe the scope of the good materials handling programme; the type of individuals to be placed in charge; the authority and responsibilities to be delegated to them, and the ways in which these activities co-ordinate with, and contribute to, other aspects of the plant. Techniques of analysing materials handling problems and the characteristics of basic materials handling devices are presented briefly. Some fifteen significant trends in American materials handling practice will be discussed and briefly illustrated by case examples.


2018 ◽  
Vol 24 (2) ◽  
pp. 212-235 ◽  
Author(s):  
Thomas N Tyson ◽  
David Oldroyd

This article discusses Enlightenment principles and describes how they were manifested in the debates on slavery. It then analyzes the role of accounting during the slave era in the United States and British West Indies. The key areas discussed are property rights, the humanity of slaves, economic incentives, and self-improvement. The article finds that belief in progress through reason, the common denominator of Enlightenment thinking, was not generally evident in the management and accounting practices on plantations and that the utility of accounting to slaveholders was limited. These practices were not geared toward improving productivity. Instead, short-term gains were achieved by driving the slaves harder, or longer term ones by treating slaves more benevolently to extend life spans or acquiring new plantations to expand capacity. The rate of productivity on plantations tended to be governed by established social norms and was not susceptible to change nor was it noticeably impacted by accounting.


2017 ◽  
Vol 49 (3) ◽  
pp. 511-514
Author(s):  
Lucie Ryzova

Egypt was at the center of a wave of uprisings and revolutions that swept the region between 2011 and 2013, the common denominator of which was demands for a radical democratic alternative to authoritarian regimes variously formulated around social justice and political rights. While the Middle East was a major theater of these events, with Tunisia, Egypt, Lybia, Syria, Bahrain, and Yemen sharing the headlines, the processes that informed these uprisings were also deeply global. The year 2011 was a revolutionary year, maybe the last in history, when actors differently positioned in the neoliberal social landscape mobilized in different ways, from the Occupy Movement to the London riots. The demise, or better, defeat, of these movements has reverberated profoundly around the globe, highlighting the postdemocratic nature of governance in contemporary states. One of the effects of the rise of new authoritarianism across Europe and the United States is a palpable transformation in the asymmetry between outside observer and the local observed. Researchers now face a reshaping, in some ways a leveling, of differences between “us” and “them” and the distinct temporality used to underpin this asymmetry. Nothing could illustrate this better than the fact that as I write, Egypt's president ʿAbd al-Fattah al-Sisi is enjoying a warm welcome in the White House. The narrative is no longer framed through the worn-out trope of an Arab leader aspiring to modernize his country through pledging allegiance to the leader of the Free World in exchange for aid and armaments; now the man in the White House implicitly pledges to learn from the Arab dictator. Egypt is the pioneer; the United States is the relative latecomer to the Age of New Authoritarianism.


1987 ◽  
Vol 14 (1) ◽  
pp. 85-88
Author(s):  
CHARLOTTE M PORTER

A curious error affects the names of three North American clupeids—the Alewife, American Shad, and Menhaden. The Alewife was first described by the British-born American architect, Benjamin Henry Latrobe in 1799, just two years after what is generally acknowledged as the earliest description of any ichthyological species published in the United States. Latrobe also described the ‘fish louse’, the common isopod parasite of the Alewife, with the new name, Oniscus praegustator. Expressing an enthusiasm for American independence typical of his generation, Latrobe humorously proposed the name Clupea tyrannus for the Alewife because the fish, like all tyrants, had parasites or hangers-on.


2017 ◽  
Vol 15 (2) ◽  
pp. 175-185
Author(s):  
Edyta Sokalska

The reception of common law in the United States was stimulated by a very popular and influential treatise Commentaries on the Laws of England by Sir William Blackstone, published in the late 18th century. The work of Blackstone strengthened the continued reception of the common law from the American colonies into the constituent states. Because of the large measure of sovereignty of the states, common law had not exactly developed in the same way in every state. Despite the fact that a single common law was originally exported from England to America, a great variety of factors had led to the development of different common law rules in different states. Albert W. Alschuler from University of Chicago Law School is one of the contemporary American professors of law. The part of his works can be assumed as academic historical-legal narrations, especially those concerning Blackstone: Rediscovering Blackstone and Sir William Blackstone and the Shaping of American Law. Alschuler argues that Blackstone’s Commentaries inspired the evolution of American and British law. He introduces not only the profile of William Blackstone, but also examines to which extent the concepts of Blackstone have become the basis for the development of the American legal thought.


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