Digital Commons Network^™

The Emperor’S New Clothes And § 502(B)’S Unmatured Interest Rule, Jacob M. Hansen

BYU Law Review

When it comes to claims for unmatured interest—most notoriously make-whole provisions—the text of the Bankruptcy Code does not necessarily say what everyone says it does. The common interpretation is that the Code requires courts to disallow all claims for unmatured interest except those involving an oversecured creditor. This Note presents an alternative reading that resolves conflicts within the Code, moves away from unreliable legislative history, and reconciles circuit splits on the enforceability of make-whole provisions and unmatured interest claims in general. As discussed in this Note, this alternative reading is the more accurate one—especially from a textualist perspective.

Due to …

Innocence And Habeas Corpus: A Call For Equitable Reforms, Paige Skousen Nelson

BYU Law Review

Congress intended the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA) to codify the Burger and Rehnquist Courts’ habeas corpus jurisprudence, which aimed to establish finality and innocence as gatekeepers to the “Great Writ.” But in practice, AEDPA hinders innocence claims, particularly claims of legal innocence.

This Note agrees that innocence should be one of the most important considerations in granting writs but argues that it is not as valued as Congress intended. This Note proposes two congressional reforms to reinstate innocence to its paramount role without compromising finality: first, amending the federal habeas petition rule to allow petitioners …

Octavio Macias Ramirez, Petitioner V. The Honorable Clemens Landau, Salt Lake City Justice Court, Respondent.: Response To Petition For Extraordinary Writ

Utah Appeals Court Briefs

from Order of Dismissal Without Prejudice in SALT LAKE CITY v. OCTAVIO

State Of Utah Plaintiff/ Appellee V. Alan Dudley Hamberlin Defendant/ Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Sixth Judicial District Court, Kane County, Honorable Mandy Larsen, District Court No. 211600067

Natalie M. Edmundson, Derek Brown, Counsel for Appellee

Freyja Johnson, Rachel Phillips Ainscough, Counsel for Appellant

Capital Stack Ut Llc, Appellee V. Gowtham Reddy; Genesis Capital Investments, Llc; Jga Development, Llc; Genesis Opportunity Zone Fund; Shiva Holdings, Llc; And Project 557 First St Development, Appellants : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County Honorable Patrick Corum

Kennedy D. Nate, Austin C. Nate, Counsel for Appellants

Erik A. Christiansen, Alan S. Mouritsen, Alex N. Vandiver, Counsel for Appellee

State Of Utah, Plaintiff/ Appellee V. Daniel Macbeth, Defendant/ Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a conviction of manslaughter, a second degree felony, in the Fourth Judicial District, Utah County, the Honorable Robert C. Lunnen presiding

Freyja Johnson, Rachel Phillips Ainscough, Counsel for Appellant

REBECCA BARKER, DEREK E. BROWN, JORDIN ALBERS, SANDI JOHNSON, Counsel for Appellee

Jeddie Al-Imari, An Individual; Kathleen Al-Imari, An Individual; And Jennifer Al-Imari, In Her Role As The Legal Guardian Of D.A And R.A., Minor Children; Appellants/ Plaintiffs V. Utah Department Of Transportation; Staker & Parson Companies Dba Jack B. Parson; And Does I-X : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Attorneys for Appellee and Defendant UDOT, Joseph E. Minnock, Anna Nelson, Attorneys for Appellee and Defendant Staker, George W. Burbidge II, W. Kevin Tanner,

Attorneys for Appellants and Plaintiff, Brad H. Bearnson, Wayman M. Stodart

Al-Imari V. Udot : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Attorneys for Appellee and Defendant UDOT Joseph E. Minnock Anna Nelson MORGAN, MINNOCK, RICE & MINER, L.C.

Attorneys for Appellants and Plaintiffs Brad H. Bearnson Wayman M. Stodart BEARNSON & CALDWELL Attorneys for Appellee and Defendant Staker George W. Burbidge II W. Kevin Tanner CHRISTENSEN & JENSEN, P.C.

State Of Utah V. Bridgewaters : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

An appeal from a judgment of conviction of manslaughter, a second-degree felony; and tampering with a witness, a third-degree felony in the Third Judicial District Court, Salt Lake County, State of Utah, the Honorable Hogan, presiding. Appellant is incarcerated

LINDSEY WHEELER (14519) Assistant Solicitor General DEREK BROWN (10476) Utah Attorney General Attorney for Appellee

ROBERT T. DENNY (13687) Salt Lake Legal Defender Assoc. Attorney for Appellant

Octavio Macias Ramirez, Petitioner V. The Honorable Clemens Landau, Salt Lake City Justice Court, Respondent.: Petition For Extraordinary Writ

Utah Appeals Court Briefs

from Order of Dismissal Without Prejudice in SALT LAKE CITY v. OCTAVIO

Cook Martin Poulson, P.C. V. Daniel G. Smith, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Amended Brief of Appellee
On appeal from the Second Judicial Court, Weber County,
Honorable Cristina Ortega, District Court No. 220903740

Armstrong Construction Inc., Appellant V. Itzel Cox And Baudelio Covarrubias, Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the March 13, 2024 Order Third District Court The Honorable Robert Faust Case No. 200903803

Douglas C. Shumway, Gavin Wenzel, Attorney for Appellee Baudelio Covarrubias, Itzel Cox, Pro Se

Paul W. Jones, Attorneys for Armstrong Construction, Inc.

State Of Utah Plaintiff/ Appellee V. Michael Curwick Defendant/ Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Weber County, Honorable Richard Mrazik, District Court No. 231500076

Aubrey Bisbee, Derek Brown, Counsel for Appellee

Freyja Johnson, Rachel Phillips Ainscough, Anna Grigsby, Counsel for Appellant

Armstrong Construction Inc., Appellant V. Itzel Cox And Baudelio Covarrubias, Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Robert Faust, District Court No. 200903803

Paul W. Jones, Attorneys for Armstrong Construction, Inc

Douglas C. Shumway, Attorneys for Appellee Baudelio Covarrubias, Gavin Wenzel, Attorney for Appellee Baudelio Covarrubias

Glenn Howard Griffin, Petitioner/ Appellant V. State Of Utah, Respondent/ Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Several of the State’s arguments misconstrue Glenn’s arguments. Other positions fail to address arguments that Glenn has made. This reply memorandum highlights the various deficiencies in the State’s arguments

Arnold J. Schmit Appellant V. Joshua Schmith Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Honorable Teresa L. Welch, District Court No. 210906538

Ben W. Lieberman, Attorneys for Appellee Joshua Schmith

Rich Willie, David H. Culmer, Attorneys for Appellant Arnold J. Schmit

State Of Utah, Plaintiff/ Appellee V. Celestine Anastacia Torstenson, Defendant/ Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from the Second Judicial District Court, Weber County, Honorable Judge Bean, District Court No. 221902529

William M. Hains, Derek Brown, Counsel for Appellee

Freyja Johnson, Hannah Leavitt-Howell, Anna Grigsby, Counsel for Appellant

Titanium Funds Llc, Plaintiff-Appellee V. Miu Parker, Defendant-Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the final summary judgment entered in the Third Judicial District Court of Salt Lake County, State of Utah for the Appellees and the award of costs and attorney fees to the Appellees by the District Court; Judge Teresa Welch presiding. The minute entry was entered by the Trial Court on November 20, 2023 and the final judgment was entered on November 29,2023.

Lester A. Perry, Attorney for Appellant, Miu Parker

Chad C. Rasmussen, Attorney for Appellees

Sumukh Llc And Nalin Bhatt, Appellants V. Russell A. Cline Pc, Russell Cline, Crippen & Cline, L.C, Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Honoorable James D. Gardner, District Court No. 190902530

Russell A. Cline, Attorney for Appellees

Bruce M. Pritchett, Jonathan R. Rudd, Attorneys for Appellants

State Of Utah V. Dean Spencer : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE FOURTH DISTRICT COURT, UTAH COUNTY, STATE OF UTAH, FROM A CONVICTION ON ONE COUNT OF DUI, A CLASS B MISDEMEANOR, BEFORE THE HONORABLE JUDGE DENISE PORTER

ALEXANDRA HERLONG (18206) Assistant Solicitor General SEAN D. REYES (7969) Utah Attorney General PETER REICHMAN Utah County Attorney’s Office Counsel for Appellee

JENNIFER L. FORESTA (12212) Utah County Public Defender Assoc. Appeals Division Attorneys for Appellant

State Of Utah Appellee/ Plaintiff V. Ryan Scott Hatch Appellant/Defendant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a conviction for wanton destruction of wildlife, a third degree felony, in the Sixth Judicial District, Kane County, the Honorable Mandy Larsen presiding

SCOTT F. GARRETT, JESSICA GRIFFIN ANDERSON, Counsel for Appellant

NATALIE M. EDMUNDSON, DEREK E. BROWN, JEFFREY N. STOTT, Counsel for Appellee

Capital Stack Ut Llc, Appellee V. Gowtham Reddy; Genesis Capital Investments, Llc; Jga Development, Llc; Genesis Opportunity Zone Fund; Shiva Holdings, Llc; And Project 557 First St Development, Appellants : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Third Judicial District Court, Salt Lake County, The Honorable Patrick Corum

Erik A. Christiansen, Alan S. Mouritsen, Alex N. Vandiver, Attorneys for Appellees

Jade Taylor V. West Millard Mosquito Abatement District : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Final Order of the Fourth Judicial District Court in and for Utah County , Provo Department, State of Utah . Trial Judge Anthony Howell.

ATTORNEYS FOR APPELLANT: Justin D. Heideman (USB #8897) Norman W. Peat, Jr. (USB #17836) HEIDEMAN & ASSOCIATES

ATTORNEYS FOR APPELLEE: Gregory Hoole HOOLE & KING, L.C.

State Of Utah, Plaintiff/Appellee V. Debra Kay Youren, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Judgment and Conviction for one count of Exploitation of a Vulnerable Adult, a Second Degree Felony, and one count of Theft, a Second Degree Felony, The Honorable Anthony Howell presiding in the Fourth Judicial Court, Juab County, State of Utah, Case No. 191600058

WILLIAM HAINS Assistant Solicitor General DEREK BROWN Utah Attorney General Office of the Attorney General c/o Criminal Appeals Division Attorney for Appellee

ANN M. TALIAFERRO (#8776) BROWN BRADSHAW & MOFFAT Attorney for Appellant

James Cordery, And A.S., A Minor, On Behalf Of The Estate And Heirs Of Joshua Cordery, Plaintiffs-Appellants V. University Of Utah School Of Dentistry, And Intermountain Healthcare Defendants-Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE THIRD DISTRICT COURT, SALT LAKE COUNTY, STATE OF UTAH THE HON. KEITH KELLY, CIVIL NO. 210904102

Lance Bastian, Kristina Ruedas, Aaron Cunningham, Attorneys for Defendants/Appellees

Sarah Elizabeth Spencer, Jeffrey B. Teichert, Attorneys for Plaintiffs/Appellants

State Of Utah, Plaintiff/ Appellee V. Celestine Anastacia Torstenson, Defendant/ Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a conviction for aggravated assault, a third - degree felony, in the Second Judicial District, Weber County, the Honorable Joseph M. Bean presiding

WILLIAM M. HAINS, DEREK BROWN, MATTHEW EARL, Counsel for Appellee

James K. Moyle Petitioner/ Appellant V. Brianna Moyle Respondent/ Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fourth Judicial District Court, Wasatch County, Utah The Honorable Jennifer Mabey, Presiding

Bart J. Johnsen, Sarah Jenkins Dewey, Hannah Ector, Attorneys for Appellee Brianna Moyle

James Moyle V. Brianna Moyle : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fourth Judicial District Court, Wasatch County, Utah The Honorable Jennifer Mabey, Presiding

Bart J. Johnsen, USB 7068 Sarah Jenkins Dewey, USB 15640 Hannah Ector, USB 17980 PARSONS BEHLE & LATIMER Attorneys for Appellee Brianna Moyle

Sumukh Llc And Nalin Bhatt, Appellants V. Russell A. Cline Pc, Russell Cline, Crippen & Cline, L.C, Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable James D. Gardner, District Court No. 190902530

Russell A. Cline, Attorney for Appellee

Bruce M. Pritchett, Jonathan R. Rudd, Attorneys for Appellants

Jeddie Al-Imari, An Individual; Kathleen Al-Imari, An Individual; And Jennifer Al-Imari, In Her Role As The Legal Guardian Of D.A And R.A., Minor Children; Appellants/ Plaintiffs V. Utah Department Of Transportation; Staker & Parson Companies Dba Jack B. Parson; And Does I-X : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the First Judicial District Court Case No. 210100162 Cache County, State of Utah The Honorable Judge Angela Fonnesbeck

Brad H. Bearnson, Wayman M. Stodart, Attorneys for Appellants/Plaintiffs

George W. Burbidge II, W. Kevin Tanner, Attorneys for Appellee/Defendant Staker & Parson Companies, Joseph E. Minnock, Anna Nelson, Attorneys for Appellee Utah Department of Transportation