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Bankruptcy Law Commons

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Full-Text Articles in Bankruptcy Law

The Myths Of Going Concern Valuations, Jack F. Williams Oct 2014

The Myths Of Going Concern Valuations, Jack F. Williams

Jack F. Williams

No abstract provided.


Equity - Election Of Remedies - Proof Of Claim In Receivership Feb 1934

Equity - Election Of Remedies - Proof Of Claim In Receivership

Michigan Law Review

Plaintiff sold certain chattels under a conditional sales agreement to a partnership which later went into receivership. The purchase price not having been paid, plaintiff filed a general claim with the receiver, which was allowed. Six months later, no dividend having been paid, plaintiff filed a petition to have the general claim withdrawn and a preferred one substituted, based on the title-retaining contract. The court held that by filing and allowance of the general claim plaintiff made a final election between inconsistent remedies which barred rescission and restitution of the specific property. The court held that the inexperience of plaintiff's …