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Theresa J. Pulley Radwan, Till Death do us Part(ner) – Imputed Fraud Liability Concerns for Spouses Following the Supreme Court’s Decision in Bartenwerfer v. Buckley, 59 Ga. L. Rev. (2024)Clicking on the button will copy the full recommended citation.
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Theresa J. Pulley Radwan, Odd Man out: The Survival of Junior Lien Strip-offs in Chapter 13 following the Caulkett Decision, 75 Oklahoma Law Review 457 (2023)Clicking on the button will copy the full recommended citation.
The bankruptcy system seeks to strike a balance between promoting a fresh start for a debtor in financial distress and a fair and equitable distribution of the debtor's assets to its creditors.' But among creditors, equitable does not mean equal, and some creditors enjoy more protection both within and outside of the bankruptcy system. Among the most protected creditors in bankruptcy are those with a prepetition security interest in the debtor's assets, and among the most protected of these secured creditors are those with a lien on the debtor's residential property in a Chapter 13 case. Yet those creditors-ones with a residential lien in Chapter 13-may find themselves losing the protection of that lien in bankruptcy. Lien-stripping may occur in individual cases at any time, but an interest in lien-stripping particularly increases any time the housing market declines, such as when the debts secured by those homes may exceed the value of the collateral itself. While Supreme Court case law denies the ability to undo liens in any Chapter 7 case and in some Chapter 13 cases, the Court still must determine the ability to strip off "wholly unsecured" liens in Chapter 13 cases. The circuit courts overwhelmingly allow such a strip-off, leaving creditors in those cases singularly unprotected.' While previous law review articles and legal scholarship have analyzed this issue,' many did so prior to the most recent Supreme Court decision in 2015, and these articles often consider the impact on strip-off generally. This Article reconsiders the result of that decision and the impact of seemingly inconsistent results, both on Chapter 13 strip-off cases and on Chapter 20 cases," where courts frequently disagree on the appropriate result.
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Theresa J. Pulley Radwan, When is a Debt “Obtained By” Fraud?: Reconsideration of the Fraud Nondischargeability Exception under Section 523(a)(2) of the Bankruptcy Code, 124 West Va. L. Rev. 385 (2022)Clicking on the button will copy the full recommended citation.
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Theresa J. Pulley Radwan, When the Sum of the Parts are More than the Whole: How Fully Secured Creditors Can Be Preferred in Bankruptcy, Stetson L. Rev. Forum (2021)Clicking on the button will copy the full recommended citation.
The bankruptcy system seeks to provide debtors with relief from overwhelming debt, while ensuring a fair and equitable distribution to creditors. Though the filing of a bankruptcy petition stays most debt collection efforts and repayment outside of the bankruptcy system, payments made prior to the bankruptcy filing may diminish funds available to distribute to creditors during the bankruptcy case. In order to prevent pre-petition transfers from impacting post-petition distribution within the bankruptcy system, the Bankruptcy Code provides the bankruptcy trustee with the power to avoid various pre-petition transfers and to recover those transfers from the recipient. With regard to one of those potential transfers—preferential transfers—courts regularly find that transfers to fully secured creditors cannot be avoided. However, this conventional wisdom fails to consider how other sections of the Code that allow such creditors to recover additional payments in bankruptcy causes a benefit to those creditors at the expense of others. This article seeks to resolve the lack of congruity between these sections to protect the purposes behind recovery of preferential pre-petition transfers.
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Theresa J. Pulley Radwan, The Jury is Still Out: Waiver or Conversion of the Seventh Amendment Right to Jury Trial in Bankruptcy Cases, 45 Am. J. Trial Advoc. 81 (2021)Clicking on the button will copy the full recommended citation.
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Joseph F. Morrissey et al., Bankruptcy Law in Context (Wolters Kluwer, 2020)Clicking on the button will copy the full recommended citation.
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Theresa J. Pulley Radwan, Who’s Got a Golden Ticket?—Limiting Creditor Use of Golden Shares to Prevent a Bankruptcy Filing, 83 Alb. L. Rev. 101 (2020)Clicking on the button will copy the full recommended citation.
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Theresa J. Pulley Radwan, Really–You Shouldn’t Have: How Gift Cards Are Not Such a Gift in Bakruptcy, 49 Uniform Commercial Code Law Journal (2019)Clicking on the button will copy the full recommended citation.
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Theresa J. Pulley Radwan, Members Only: Can a Trustee Govern an LLC When Its Member Files for Bankruptcy?, 53 Loy. L.A. L. Rev. 1 (2019)Clicking on the button will copy the full recommended citation.
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Theresa J. Pulley Radwan, Flowchart – Slide 13: Buyer Elements (2018)Clicking on the button will copy the full recommended citation.