Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 2 of 2
Full-Text Articles in Law
Do I Own This Car - The Supreme Court Creates A Standard For Bapcpa Car Ownership, Anne Benton Hucker
Do I Own This Car - The Supreme Court Creates A Standard For Bapcpa Car Ownership, Anne Benton Hucker
Missouri Law Review
The case was Ransom v. FIA Card Services, N.A., and the dispute was whether, under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), Appellant Jason Ransom should be able to claim a vehicle ownership expense for purposes of Chapter 13 bankruptcy for the unencumbered car that he owned. Practitioners in the bankruptcy field had been watching the progression of this case and were eager to learn the Court's resolution of the issue. The interest was due to two reasons. First, the outcome of the case would affect approximately 250,000 Chapter 13 petitioners. Second, the case would resolve …
Dispensing Injustice: Stolt-Nielsen And Its Implications - Stolt-Nielsen S.A. V. Animalfeeds Int'l Corp., Nicholas Goodrich
Dispensing Injustice: Stolt-Nielsen And Its Implications - Stolt-Nielsen S.A. V. Animalfeeds Int'l Corp., Nicholas Goodrich
Journal of Dispute Resolution
The immediate effect of the holding was to allow a group of corporate defendants to use their superior bargaining position in the contracting process to effectively shield themselves from liability. Although Stolt-Nielsen involved business entities, the case also has implications in the consumer context. If the Court were to extend the reasoning of the case to disputes involving adhesion contracts, corporations would enjoy this immunity in the context of consumer disputes. Far from a hypothetical exercise in the reaches of Supreme Court jurisprudence, the Court is expected to decide this very issue during the 2010 term. In light of these …