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About 10,000 papers for “Debtor”

Debtor

Julia Pavlovna Svit · Общенациональный интерактивный энциклопедический портал "Знания" · 2022

Cited by 0

Debtor

Juan Martinez · Project Muse (Johns Hopkins University) · 2014

Cited by 0

Debtor Malice

Jonathon S. Byington · eYLS (Yale Law School) · 2018

This Article is about what malice should mean under bankruptcy law. Malice is used in other areas of law as a sorting function—to identify wrongful acts that are especially grievous. For example, criminal law uses malice to separate murder from manslaughter. The Bankruptcy Code uses malice to perform a similar sorting function. Bankruptcy law discharges or forgives certain kinds of debts. It separates debts that society is willing to forgive from debts that are not forgivable. One way it accomplishes this sorting function is through Section 523(a)(6) of the Bankruptcy Code, which excepts from discharge debts for “willful and malicious injury by the debtor.” The Supreme Court has interpreted the word malicious to require “a wrongful act, done intentionally, without just cause or excuse.” But neither the Supreme Court nor the circuit courts have provided meaningful guidance on the degree of wrongfulness that is required. Because intentionally injuring another is inherently a wrongful act, there should be a difference between a mere willful injury and the required “willful and malicious” injury. In addition, a circuit court split has developed on whether malicious requires intent, and if so, what level of intent. This Article seeks to clarify the meaning of malicious. It explains why courts should stop construing malicious to require intent. It also recommends the definition of malicious be changed to require an “extraordinarily” wrongful act so that malice can accomplish its sorting function.

Cited by 0Open access

Debtor Malice

Byington, Jonathon S. · The Knowledge Bank (The Ohio State University) · 2018

Cited by 0Open access

Debtor Name *

2015

Reference Unique Mandate Reference (UMR) – to be completed by I.L.C.S. By signing this mandate form, you authorise (A) Irish Limousin Cattle Society to send instructions to your bank to debit your account and (B) your bank to debit your account in accordance with the instructions from Irish Limousin Cattle Society As part of your rights, you are entitled to a refund from your bank under the terms and conditions of your agreement with your bank. A refund must be claimed within 8 weeks starting from the date on which your account was debited. Your rights are explained in a statement that you can obtain from your bank. Please complete all the fields marked *

Cited by 0

Debtor Constitutionalism

Farah Peterson · 2024

Abstract This chapter examines the question of whether political legitimacy in a constitutional democracy is tied to a core text—at least in regimes with written constitutions. Even after the ratification of the United States Constitution, it argues, many Americans continued to believe in, and act upon, the existence of an unwritten constitution not encompassed in the formal Constitution’s text. It traces this unwritten constitution through the prism of the repeated use of Indian costume as part of a carnivalesque form of protest in which participants in these insurrectionary actions argued that the norms of the unwritten constitution were being violated, regardless of what the formal constitutional text or its privileged interpreters might say. E. P. Thompson described “counter-theatre” as one consistent element of English crowd actions of the late eighteenth century. American mobs engaged in their own form of theater, which included white men dressing as Native Americans. The symbol of the white man in native dress took on powerful symbolic meaning during the Revolution, and it persisted as a trope of popular protest long into the nineteenth century. Indeed, the chapter’s analysis pushes constitutional history across the presumed boundary of 1787, which is supposed to separate an era in which Americans regarded extrajudicial mob protest as legal from one in which the new constitutional text assumed a monopoly on legality. In this story, the triumph of the written Constitution may not have become complete until at least the 1840s, if it did even then.

Cited by 0

Debtor Nation

Louis Hyman · Princeton University Press eBooks · 2011

Cited by 0

Debtor Malice

Byington, Jonathon S. · 2018

This Article is about what malice should mean under bankruptcy law. Malice is used in other areas of law as a sorting function—to identify wrongful acts that are especially grievous. For example, criminal law uses malice to separate murder from manslaughter. The Bankruptcy Code uses malice to perform a similar sorting function. Bankruptcy law discharges or forgives certain kinds of debts. It separates debts that society is willing to forgive from debts that are not forgivable. One way it accomplishes this sorting function is through Section 523(a)(6) of the Bankruptcy Code, which excepts from discharge debts for “willful and malicious injury by the debtor.” The Supreme Court has interpreted the word malicious to require “a wrongful act, done intentionally, without just cause or excuse.” But neither the Supreme Court nor the circuit courts have provided meaningful guidance on the degree of wrongfulness that is required. Because intentionally injuring another is inherently a wrongful act, there should be a difference between a mere willful injury and the required “willful and malicious” injury. In addition, a circuit court split has developed on whether malicious requires intent, and if so, what level of intent. This Article seeks to clarify the meaning of malicious. It explains why courts should stop construing malicious to require intent. It also recommends the definition of malicious be changed to require an “extraordinarily” wrongful act so that malice can accomplish its sorting function.

Cited by 0Open access

Debtor Nation

Louis Hyman · Princeton University Press eBooks · 2011

Before the twentieth century, personal debt resided on the fringes of the American economy, the province of small-time criminals and struggling merchants. By the end of the century, however, the most profitable corporations and banks in the country lent money to millions of American debtors. How did this happen? This, the first book to follow the history of personal debt in modern America, traces the evolution of debt over the course of the twentieth century, following its transformation from fringe to mainstream—thanks to federal policy, financial innovation, and retail competition. How did banks begin making personal loans to consumers during the Great Depression? Why did the government invent mortgage-backed securities? Why was all consumer credit, not just mortgages, tax deductible until 1986? Who invented the credit card? Examining the intersection of government and business in everyday life, the book takes the reader behind the scenes of the institutions that made modern lending possible: the halls of Congress, the boardrooms of multinationals, and the back rooms of loan sharks. America's newfound indebtedness resulted not from a culture in decline, but from changes in the larger structure of American capitalism that were created, in part, by the choices of the powerful—choices that made lending money to facilitate consumption more profitable than lending to invest in expanded production. From the origins of car financing to the creation of subprime lending, the book presents a nuanced history of consumer credit practices in the United States and shows how little loans became big business.

Cited by 20

Debtor Malice

Byington, Jonathon S. · eYLS (Yale Law School) · 2018

This Article is about what malice should mean under bankruptcy law. Malice is used in other areas of law as a sorting function—to identify wrongful acts that are especially grievous. For example, criminal law uses malice to separate murder from manslaughter. The Bankruptcy Code uses malice to perform a similar sorting function. Bankruptcy law discharges or forgives certain kinds of debts. It separates debts that society is willing to forgive from debts that are not forgivable. One way it accomplishes this sorting function is through Section 523(a)(6) of the Bankruptcy Code, which excepts from discharge debts for “willful and malicious injury by the debtor.” The Supreme Court has interpreted the word malicious to require “a wrongful act, done intentionally, without just cause or excuse.” But neither the Supreme Court nor the circuit courts have provided meaningful guidance on the degree of wrongfulness that is required. Because intentionally injuring another is inherently a wrongful act, there should be a difference between a mere willful injury and the required “willful and malicious” injury. In addition, a circuit court split has developed on whether malicious requires intent, and if so, what level of intent. This Article seeks to clarify the meaning of malicious. It explains why courts should stop construing malicious to require intent. It also recommends the definition of malicious be changed to require an “extraordinarily” wrongful act so that malice can accomplish its sorting function.

Cited by 0Open access

Substantive Consolidation of Debtor and Non-Debtor Entities

Ornousky, Eileen · eYLS (Yale Law School) · 2017

(Excerpt) Based on section 105’s grant of equitable powers, bankruptcy courts have the power to substantively consolidate debtors. Substantive consolidation pools the assets of separate legal entities and treats them as one, allowing each entity’s liability to be satisfied out of the common pool. Although it has been accepted that courts have the power to consolidate a debtor with other related debtors, it its less clear when courts can consolidate a debtor with a non-debtor, or if courts have the authority to do so at all. Even though most courts have determined that they do have the power to substantively debtors with non-debtor entities, the reluctance of some courts to recognize the power at all reflects a larger trend. Because consolidation impacts the creditors of all entities involved, “the remedy of substantive consolidation is rarely granted.” When the entity targeted for consolidation is a non-debtor, the threat to its creditors is even higher than when consolidating debtors. Thus, a party seeking substantive consolidation of a debtor with a non-debtor must meet a heavier burden to show that the benefits outweigh the potential harms.

Cited by 0

Debtor-Creditor Law

Theodore Eisenberg · Medical Entomology and Zoology · 1984

The price quoted for this work covers one year's worth of service. The upkeep price for the work is $1139.00 (updated with supplements and revisions).

Cited by 1

Debtor and Creditor

Marie Antoinette Romances, Vol 3: The Queen's Necklace (Version 2), The by Alexandre Dumas (1802 - 1870) · Bulletin of Miscellaneous Information (Royal Gardens Kew)

Cited by 0

Debtor in possession

Robert van Galen · Edward Elgar Publishing eBooks · 2024

This authoritative Commentary provides an in-depth evaluation of the legislation regulating cross-border insolvency within the European Union. Bringing together a diverse team of legal scholars and practitioners from across the EU Member States, it delivers incisive dissections of the European Insolvency Regulation (EIR) provisions, which define the jurisdiction of the courts of EU Member States in insolvency proceedings as well as the national law that should be applied, and provide for the automatic recognition of other Member State’s judgements along with a regime of coordination between proceedings opened in different Member States.

Cited by 0