Marianne B. Culhane

Professor Emerita

Sort by

Journal article

Limiting litigation over arbitration in bankruptcy

by Marianne B. Culhane

Published Winter 2009

American Bankruptcy Institute Law Review, 17, 2, 493 - 501

Journal article Open access

Catching can-pay debtors: Is the means-test the only way?

by Marianne B. Culhane and Michaela M. White

Published Winter 2005

American Bankruptcy Institute Law Review, 13, 2, 665 - 700

Journal article Open access Peer reviewed

But can she keep the car? Some thoughts on collateral retention in Chapter 7

by Marianne B. Culhane and Michaela M. White

Published 2002

Fordham Journal of Corporate & Financial Law, 7, 1, 471 - 498

Journal article

Attachment and perfection of security interests under Revised Article 9: A "Nuts and Bolts" primer

by Terry M. Anderson, Marianne B. Culhane and Catherine Wilson

Published Spring 2001

American Bankruptcy Institute Law Review, 9, 1, 179 - 228

This article covers the scope of revised Article 9, attachment, choice of law for perfection, effect of perfection, priority, perfection by filing, perfection outside Article 9 for goods covered by certificates of title, perfection by possession, perfection by control and automatic perfection.

Journal article Open access

Taking the new Consumer Bankruptcy Model for a test drive: Means-testing real Chapter 7 debtors

by Marianne B. Culhane and Michaela M. White

Published Spring 1999

American Bankruptcy Institute Law Review, 7, 1, 27 - 77

Several bills pending in Congress would apply means-testing to Chapter 7 debtors, requiring those with apparent ability to repay to be dismissed from Chapter 7, leaving Chapter 13 as their main route to a discharge. Chapter 13 would require repayment over 5 years to prebankruptcy creditors.|The authors applied one proposed means-testing formula to a sample of 1043 Chapter 7 cases from seven states across the country. They found that only 3.6% of the debtors emerged as "can-pays" who would be barred from Chapter 7, and that unsecured creditors could expect to collect much less from such debtors than industry-sponsored studies have claimed. Further, the paper shows how predictable avoidance behavior, such as increasing secured debt and/or charitable contributions, could further reduce the number of "can-pays." Thus, the paper casts doubt on the efficacy of imposing burdensome additional requirements on all Chapter 7 debtors in order to bar 3.6% of those debtors from that chapter.

Journal article Peer reviewed

Debt after discharge: An empirical study of reaffirmation

by Marianne B. Culhane and Michaela M. White

Published Autumn 1999

American Bankruptcy Law Journal, 73, 4, 709 - 774