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Articles 1 - 18 of 18

Full-Text Articles in Law

Home Mortgage Strip Down In Chapter 13 Bankruptcy: A Contextual Approach To Sections 1322(B)(2) And (B)(5), Mark S . Scarberry, Scott M. Reddie Nov 2012

Home Mortgage Strip Down In Chapter 13 Bankruptcy: A Contextual Approach To Sections 1322(B)(2) And (B)(5), Mark S . Scarberry, Scott M. Reddie

Pepperdine Law Review

No abstract provided.


Defending The Current State Of Section 363 Sales, Jared A. Wilkerson Oct 2012

Defending The Current State Of Section 363 Sales, Jared A. Wilkerson

W&M Law Student Publications

Notwithstanding the priority-based controversy following the Chrysler and GM § 363(b) sales, value is the central dispute dominating the asset sale debate. Given the mounting data purporting to show that sales harm junior creditors by producing low value, I confront two issues in this article. First, I address the depth and breadth of the low value phenomenon for junior creditors, concluding that(a) although sales appear to cut deeply into creditor recoveries, causation has yet to be shown; and (b) sales have not, contrary to the predictions of some scholars, overtaken reorganization. Second, using qualitative and quantitative analysis, I challenge four …


Calling All Supreme Court Justices! It Might Be Time To Settle This "Rejection" Business Once And For All: A Look At Sunbeam Products V. Chicago American Manufacturing And The Resulting Circuit Split, Alexander N. Kreisman Sep 2012

Calling All Supreme Court Justices! It Might Be Time To Settle This "Rejection" Business Once And For All: A Look At Sunbeam Products V. Chicago American Manufacturing And The Resulting Circuit Split, Alexander N. Kreisman

Seventh Circuit Review

As effective and efficient bankruptcy proceedings have become increasingly important in recent years, so has the need to protect intellectual property licenses. The Bankruptcy Code allows the representative of a bankrupt estate, with the court's approval, to reject executory contracts. Although rejection has taken many forms over the years, its goal is to offer debtors and trustees with a means to maximize the value of the bankrupt estate's remaining assets. Rejection accomplishes this by treating contracts that contain unfulfilled obligations by both parties as having been breached by the representative of the bankrupt estate.

However, the implications of this breach …


The Denial Of Future Tort Claims In In Re Piper Aircraft: Will The Court's Quick-Fix Solution Keep The Debtor Flying High Or Bring It Crashing Down?, Michelle M. Harner Apr 2012

The Denial Of Future Tort Claims In In Re Piper Aircraft: Will The Court's Quick-Fix Solution Keep The Debtor Flying High Or Bring It Crashing Down?, Michelle M. Harner

Michelle M. Harner

No abstract provided.


2001: A Code Odyssey (New Dawn For The Article 9 Secured Creditor), Ingrid Michelsen Hillinger, Michael G. Hillinger Jan 2012

2001: A Code Odyssey (New Dawn For The Article 9 Secured Creditor), Ingrid Michelsen Hillinger, Michael G. Hillinger

Ingrid Michelsen Hillinger

No abstract provided.


Economic Integration: An American Solution To The Multinational Enterprize Group Conundrum, Robert W. Miller Jan 2012

Economic Integration: An American Solution To The Multinational Enterprize Group Conundrum, Robert W. Miller

Richmond Journal of Global Law & Business

No abstract provided.


Mesa Airlines, Brittany Brent, Lindy Harris Jan 2012

Mesa Airlines, Brittany Brent, Lindy Harris

Chapter 11 Bankruptcy Case Studies

No abstract provided.


Solyndra, Brandon Brewer, Matthew Kinsey, Anthony Mendenhall Jan 2012

Solyndra, Brandon Brewer, Matthew Kinsey, Anthony Mendenhall

Chapter 11 Bankruptcy Case Studies

No abstract provided.


Reader's Digest, Walter Machnicki Jan 2012

Reader's Digest, Walter Machnicki

Chapter 11 Bankruptcy Case Studies

No abstract provided.


In Re Jazz Photo Corp., Archie Carden, Cory Swainston Jan 2012

In Re Jazz Photo Corp., Archie Carden, Cory Swainston

Chapter 11 Bankruptcy Case Studies

No abstract provided.


In Re Adelphia Communications Corp., Hilari Sheffield, Adam Smith Jan 2012

In Re Adelphia Communications Corp., Hilari Sheffield, Adam Smith

Chapter 11 Bankruptcy Case Studies

No abstract provided.


New Era Bankruptcy, Holly N. Mancl Jan 2012

New Era Bankruptcy, Holly N. Mancl

Chapter 11 Bankruptcy Case Studies

No abstract provided.


The Bankruptcy Of D & K Aviation, T J. Hatter, Maurice Echols, Michael Mason Jan 2012

The Bankruptcy Of D & K Aviation, T J. Hatter, Maurice Echols, Michael Mason

Chapter 11 Bankruptcy Case Studies

No abstract provided.


The Bankruptcy Of Golfers' Warehouse, Inc.: A Lesson In How To Sell A Business In Chapter 11, Briton Collins, Will Smith, David Choi Jan 2012

The Bankruptcy Of Golfers' Warehouse, Inc.: A Lesson In How To Sell A Business In Chapter 11, Briton Collins, Will Smith, David Choi

Chapter 11 Bankruptcy Case Studies

No abstract provided.


Independence Air, Kara West, Patrick Woodside Jan 2012

Independence Air, Kara West, Patrick Woodside

Chapter 11 Bankruptcy Case Studies

No abstract provided.


Lambuth, Jennifer Crake, Zackarij Gradner, Scott Mcleod Jan 2012

Lambuth, Jennifer Crake, Zackarij Gradner, Scott Mcleod

Chapter 11 Bankruptcy Case Studies

No abstract provided.


Movie Gallery, Cornell Kennedy, Phylinda Ramsey, Kevin Rayburn Jan 2012

Movie Gallery, Cornell Kennedy, Phylinda Ramsey, Kevin Rayburn

Chapter 11 Bankruptcy Case Studies

No abstract provided.


Improving Bankruptcy Sales By Raising The Bar: Imposing A Preliminary Injunction Standard For Objections To § 363 Sales, Matthew A. Bruckner Jan 2012

Improving Bankruptcy Sales By Raising The Bar: Imposing A Preliminary Injunction Standard For Objections To § 363 Sales, Matthew A. Bruckner

Catholic University Law Review

No abstract provided.