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Collusive Bidding On A Debtor’S Assets: A Question Of Fairness, Ross Weiner

Bankruptcy Research Library

(Excerpt)

Section 363(n) of title 11 of the United States Code (the “Bankruptcy Code”) prohibits “collusive bidding” -- a process where “the sale price [is] controlled by an agreement among potential bidders.” Section 363(n) only provides the trustee with the right to bring a claim of collusive bidding, [which if successful could undo a previously approved sale]. However, courts have allowed unsuccessful bidders to pursue such claims. Further, unsuccessful bidders have the right to recover “any costs, attorneys’ fees, or expenses incurred in avoiding such sale or recovering such amount.”

Today, a lack of clarity exists regarding when an unsuccessful …

Creditors Can Recover Post-Petition Interest By Incorporating Original Agreement Into The Plan Of Reorganization By Referencing A Specific Clause In The Original Agreement, Emmanuelle Yeremou-Ngah

Bankruptcy Research Library

(Excerpt)

Courts will generally interpret a contract according to its plain language, and any intent to incorporate a separate document must be clearly manifested with sufficient specificity. The parties’ intent will be inferred from the express language of the contract. Under section 506(b) of title 11 of the United States Code (the “Bankruptcy Code”), an oversecured creditor is entitled to post-petition interest on its secured claim up to the value of the collateral securing its claim. Additionally, most courts have ruled that a secured creditor is entitled to post-petition interest according to the rate specified in the contract or a …

Editor's Note, Marites Tiongco

DLSU Business & Economics Review

No abstract provided.

Disentangling Resource Acquisition From Interspecific Behavioral Aggression To Understand The Ecological Dominance Of A Common, Widespread Temperate Forest Ant, Robert Warren

Biology Faculty Datasets

No abstract provided.

The Impact Of The Introduction Of Fx Futures On The Volatility Of The Underlying Asian Emerging Market Currencies, Teresa Starzecki

Doctoral Dissertations (DBA)

This paper examines the impact of the introduction of currency futures on the volatility of four Asian emerging market currencies: Chinese yuan, Indian rupee, South Korean won, and Thai baht. A GARCH(1,1) model is implemented to measure volatility in pre- and post- futures introduction periods along with an MCMC procedure to estimate the model and test the significance in changes in volatility between the periods. We find that for three of the four currencies, the persistence and long-run mean of volatility significantly decrease after futures were introduced, while the variance of variance decreases for all four currencies. The results suggest …

Selectivity For Allosteric Effectors Of Bacterial Adp-Glucose Pyrophosphorylase: Structural And Functional Studies, Mashael Alghamdi

Dissertations

The biosynthesis of the intracellular polysaccharide in bacteria and plants, glycogen and starch, respectively, controlled by the key regulatory step that catalyzed by ADP-Glucose Pyrophosphorylase (ADP-Glc PPase). ADP-Glc PPase is an allosteric enzyme regulated by metabolites produced of the principle carbon assimilation pathway in each organism. Agrobacterium tumefaciens enzyme activated by fructose 6-phosphate (Fru6P) and pyruvate, whereas Escherichia coli enzyme activated by fructose 1,6-bisphosphate (FBP), and both enzymes inhibited by AMP. Here, we targeted the allosteric regulation of the A. tumefaciens enzyme, examined some residues that may impact the regulation mechanism (Ser72, His71, Arg75, Ser351, Ser334, Arg368, Asn350, and Asp291), …

Metal Ions Impact On Shewanella Oneidensis Mr-1 Adhesion To Ito Electrode And The Enhancement Of Current Output, Aisha Awad Alshahrani

Dissertations

The goal of this study is to enhance the efficiency of bacterial extracellular electron transfer (EET) in Shewanella oneidensis MR-1 by enhancing adhesion to the electrode's surface. Our results clearly show a major difference in the attachment and behavior of Shewanella oneidensis MR-1 for Ca2+, Pb2+, Cd2+, and Mg2+, compared to the control. the final microbial coverage, as measured by confocal microscopy and cathodic peak charge in cyclic voltammetry (Qpc), increases with increasing metal ion concentrations. We found the cells attached to the electrode increased more with the addition of metal ion concentrations in the following order of metals: Ca2+ …

Health Promotion And Cancer Screening Of Arab Americans, Lamyaa Alyaba

Dissertations

Introduction: Although Arab Americans represent one of the fastest-growing populations in the U.S., there is very little health data about their preventive health habits and health-promoting lifestyle, including cancer screening. Purpose: the purpose of this study is to examine the relationship between personal factors, health-promoting behaviors, and cancer-screening behaviors of Arab Americans while controlling for acculturation. Design: Pender's Health Promotion Model was the conceptual framework for the study. a cross-sectional correlational design explored the relationship between the study variables utilizing an online-based survey to collect data from Arab Americans. Multimodal recruitment was used to recruit a convenience sample of 287 …

"Oh Gosh! Am I Going To Be Like This For The Rest Of My Life?": Promoting Critical Literacy Among Latinx Students Through Youth Participatory Action Research, Thomas Angiello

Dissertations

The researcher implemented a Youth Participatory Action Research project within the context of a summer reading assignment for rising high school seniors. Meeting once a week over the summer leading into their senior year, the Latinx student researchers used their critical lenses and summer reading texts as a springboard for their YPAR investigations into sociopolitical issues relevant to their communities. in facilitating this project, the researcher set out to study the ways in Latinx high school students interact with critical literacy and YPAR and the ways in which these students incorporate the tenets of critical literacy into their literature discussions …

Women And Strategies Of Violence: Gender Roles, Foreign Support And Maintaining The Rebellion, Caglayan Baser

Dissertations

How do women affect conflict dynamics in different ways than men? I examine how expectations based on gender identities impact rebel group strategies, as well as attitudes of foreign publics and political elites toward rebel groups. First, women can substantially contribute to rebel groups' ability to resist governments and maintain their rebellion through unique gendered ways. These include enabling greater tactical diversity, increased appeal to international audiences, and spearheading coup-proofing strategies against intra-organizational factions. Women's contributions to rebel groups are most salient during times of crises and in settings where gender stereotypes are stronger. Second, rebel groups with women participants …

Sabbath And Ecological Crisis: Inoperativity In Political Theology, Andrew John Blosser

Dissertations

This dissertation explores the significance of ritual inoperativity for political theology. Drawing from representative interpreters of biblical/traditional sources, contemporary philosophical reflection, and practical analysis of rituals, this study argues that rituals such as Sabbath, vigil, shmita, and fiesta paint a unique image of human identity and authority in the world. This image is starkly opposed to the common political-theological framework in which God is defined through action, and human beings are similarly defined as action-producing beings. in contrast, ritual inoperativity depicts God's identity and authority as one who gives rest or €œlets be.€ for this reason, human identity and authority …

Laissez Fairy Tales: Consensus, Cohesion, And Corporate Culture During The Collapse Of Lehman Brothers, William Howard Burr

Dissertations

Understanding the ways in which organizations fail is foundational to the organization studies discipline. Organizational sociologists have outlined the various ways organizations and organizational cultures can fail separately or simultaneously, temporarily or totally. Yet, little effort has been directed toward proving that organizational culture is capable of surviving the complete and total collapse of the organization from which it emerged. This work uncovers a new way that organizations can fail that leaves their organizational culture intact. the author considers employee interactions during the Lehman Brothers bankruptcy by reassembling the cultural artifacts contained in a company email archive to demonstrate that …

Exploring The Educational Journeys Of African American Honors Alumni(Nae), Sammie Marie Burton

Dissertations

The purpose of this dissertation was to explore and examine the experiences of African American students to and through collegiate honors programs. I aimed to provide another frame for understanding intellectuals by exploring the educational journeys of eight (8) African American, high-achieving alumni(nae). Through qualitative inquiry, this study gives an in-depth understanding to the intrinsic and extrinsic factors that helped students navigate challenging academic settings and evaluate the importance of honors education for students within the Black community. Guided by critical race theory (CRT), findings from this study will provide the research community with entry points to social justice practice …

Further Comparison Of Preference For Intervention With And Without Restricted Topics, Meg Patel

University of the Pacific Theses and Dissertations

Previous research has shown that individuals diagnosed with autism spectrum disorder (ASD) may dwell on restricted topics of interest during conversations (Mercier et al., 2000; Smerbeck, 2019). Stocco et al. (in press) found that individuals may prefer a conversational-skill intervention that includes access to restricted topics over an intervention that only provides high-quality attention for speech about experimenter-led topics. We replicated and extended Stocco et al. in two ways. First, we evaluated if speech about restricted topics (a) occurred at high levels and (b) was sensitive to interested responses from a listener. Second, we experimentally evaluated the additive effects of …

The Effect Of Individual Differences On The Experience Of Meaningful Work: The Influence Of Social Status And Work Motivation, Plamena Daskalova

Dissertations

As the employment landscape continues to change through rapid advancements in technology, globalization, and the growing presence of contingent work opportunities, what remains the same is workers' quest towards decent and meaningful work (MW). Such work depends on employees' perception that their work is important and that it contributes to their own growth, as well as to that of society. Emergent research on the construct points to a host of benefits associated with obtaining MW. Among these include greater vocational satisfaction, increased organizational commitment, and improved job engagement. However, not all individuals have access to such work. Differences in social …

Identity Positivity In Decolonial Worlds: Making Room For Gender And Sexual Possibility, Erica Chu

Dissertations

Identity Positivity in Decolonial Worlds: Making Room for Gender and Sexual Possibility defines identity positivity as theory that makes room for a full range of gender and sexual diversity, including LGBTQIA+ identities that are already well understood (such as gay and transgender) as well as forms of gender and sexual variation that are less known (such as asexual or mati) and identities still forming. Identity Positivity emphasizes the role of European and US colonial violence in enforcing western forms of gender, homophobia, and transphobia over the last 400 years, but it also criticizes Eurocentric queer theory for decades of advocating …

Pediatric Providers' Perceptions Of Their Role In Early Detection Of Postpartum Depression, Laura Aime De La Pena

Dissertations

The birth of a child is usually a happy occasion in a woman's life. It is also often a time of overwhelming anxiety, stress and hormonal changes. Postpartum depression (PPD) could occur during the first year of childbirth in approximately 10-20% of mothers (Waldrop, Ledford, Perry, & Beeber, 2017). PPD is the most common maternal health problem within the first year after childbirth (the American College of Obstetricians and Gynecologists, 2018). Recognition of mothers who are at risk for PPD allows health professionals to initiate care that can prevent further problems for the mother, infant, and the rest of their …

Dietary Intake And Executive Function In Youth And Emerging Adulthood: Environmental Correlates And Developmental Considerations, Amy Michelle Egbert

Dissertations

Obesity is a major public health concern impacting one in five young people in the U.S., and research suggests that consumption of high calorie, low nutrient foods may play a role in weight gain. Executive function (EF) has emerged as a factor that may play a role in dietary intake across youth development. Although biopsychosocial models of obesity emphasize the importance of identifying individual and environmental influences that may be associated with poor dietary intake, empirical research in this area is lacking. Therefore, the current set of studies seeks to 1) systematically review the literature on the association between EF …

Vigilance Of Certified Registered Nurse Anesthetists, Timothy Finn

Dissertations

Vigilance of certified registered nurse anesthetists (CRNAs) is an integral component of the care they provide patients under general anesthetic. the practice of CRNas is important as the official seal of the American Association of Nurse Anesthetists (AANA). on the seal, Morpheus, the god of dreams, is shown holding the Lamp of Learning, by the light of which he keeps vigil (Hirter & Van Nest, 1995). as the patients remain unconscious under general anesthesia, CRNas remain the patients' eyes and ears remains responsive to their needs. the CRNa must remain attentive to the patient's needs by continuously monitoring the patient …

Teacher Perceptions And Experiences With Self-Regulation Strategies In General Education Classrooms, Sofia Flores-Perez

Dissertations

General education teachers are now serving students with both special education needs and regular education students within a general education environment. Inclusionary practices are increasingly becoming common practice. However, teacher prep-programs concentrate on lesson planning and not enough training is emphasized on classroom management or behavior/academic intervention strategies. There is a dearth of qualitative studies gaining teachers perspectives on this phenomenon. This qualitative study will seek to gain insight about teachers' experiences, perspectives, and practices regarding implementation of self-regulation strategies within a general education setting. the research questions will gain insight on what strategies could look like in a general …

Elucidating The Targets And Function Of The Mlr Compass-Like Complex During Development, David Joseph Ford

Dissertations

MLR COMPASS-like complexes are highly-conserved epigenetic regulators required for enhancer establishment and subsequent reprogramming during differentiation and development. Mutation of MLR complex subunits in humans is associated with cancer and developmental disorder, yet much remains to be determined concerning both the healthy and disease-altered functions of these complexes. Using the developmental model Drosophila melanogaster, I further elucidate the functions of the MLR complex during in vivo organ development as well as stress response. I characterize the miRNa bantam as a regulatory target of the complex, required for proper tissue patterning during wing and compound eye formation. in the same systems …

"Lifting As We Climb": Black Feminist Action Research With Women Of Color Student Affairs Administrators, Paige J. Gardner

Dissertations

Black feminist action research is a methodology designed by Dr. Gardner to cultivate agency and solidarity among Women of Color student affairs administrators. by engaging participants as co-investigators, Women of Color student affairs administrators' co-constructed knowledge to examine the challenges and barriers experienced in career navigation as well as the strategies used to disrupt oppressive working environments at historically White institutions. in this study the principle investigator and co-investigators explored the following research questions: (1) How do Women of Color student affairs administrators define systems of support? (2) How and why do Women of Color student affairs administrators establish systems …

Identifying Transfer Of Care Gaps: Electronic Health Record Capture Of Perioperative Handoff Communications, Sharon Giarrizzo-Wilson

Dissertations

Transitions in patient care are held together by interdisciplinary handoff communications intended to coordinate the patient's ongoing care requirements. Patients with complexity in care encumber the transfer of care process requiring a higher level of care coordination between the interdisciplinary team (Coleman, 2003; Naylor et al., 2004). While the literature is abundant on the characteristics and quality of handoff communications, it is limited on the requirements of what data is necessary for ongoing care following transfer communications (Galatzan & Carrington, 2018). This dissertation explores the verbal information transferred during Operating Room (OR) to Post Anesthesia Care Unit (PACU) nursing handoff …

Elucidating The Impact And Mechanism Of Hepatitis C Virus Cell-To-Cell Spread, Karina Durso-Cain

Dissertations

Virus cell-to-cell spread has been implicated in the establishment of persistent infection and has been shown to be involved in the transmission of antiviral resistant mutants. However, relatively little is known about how virus cell-to-cell spread impacts infection or the specific mechanisms by which cell-to-cell spread occurs. as such, this dissertation focused on investigating HCV cell-to-cell spread not only to learn more about this medically important virus, but also to determine the broader impact cell-to-cell spread has on viral infection dynamics, identify the cellular factors involved, and perhaps ultimately provide insight into antiviral strategies that might enhance the barrier to …

Optimization Of Microbial Fuel Cells, Norberto M. Gonzalez

Dissertations

Optimization of microbial fuel cells is investigated by utilizing Shewanella oneidensis as a model microorganism. the microbe's ability to grow and use glucose as a carbon source is explored under varying oxygen environments through an offline PMP derivatization method and HPLC analysis. Shewanella growth and glucose utilization is enhanced under aerobic environments; however, under microaerobic environments the addition of ferric iron results in a faster exponential growth initialization. a flavin mononucleotide modified indium tin oxide electrode is prepared and characterized for its usefulness in microbial fuel cells by controlled potential electrolysis, cyclic voltammetry, and electrochemical impedance spectroscopy studies. the electrode …

Teacher Leadership: A Case Study In The Preparation Of Future Teacher Leaders, Abigail Hasebroock

Dissertations

Over the past century, Pre-Kindergarten through 12th grade (PK-12) schools evolved into hierarchical learning organizations that centralized power, decision-making, and leadership at the top in the hands of a few predominantly male administrators. the teaching force, by contrast, became majority female. While teacher education programs formalized, the accountability movement that swept across the U.S. schooling system during the 1980s led to narrowed teacher educator programs and licensure requirements. Consequently, traditional teacher education programs in four-year universities focused more on theory and pedagogy but less on praxis and leadership in the name of producing highly-qualified teachers. Today, new pathways for teacher …

Black Women College Students, Impostor Phenomenon, Stereotypes, And Mental Health: A Mixed-Methods Approach, Lincoln Hill

Dissertations

The present research project expands on impostor phenomenon (IP) literature by incorporating an intentional intersectional framework using two studies to determine if IP mediates (explains) the relationship between group stereotype threat susceptibility and mental health outcomes for Black women college students attending predominantly White institutions. by including a diary study to ascertain the frequency, intensity, and triggers for impostor beliefs, this project provides support for context dependent impostorism. It provides clarification around what types of situations precede the endorsement of heightened impostor beliefs for Black women college students. This project answers the following research questions amongst a sample of Black …

Lewis Acid-Carbonyl Solution Interactions And Their Implications In Catalytic Systems, Carly Soren Hanson

Dissertations

The utilization of Lewis acids to activate substrates containing carbonyls is ubiquitous in organic synthetic methods. in order to facilitate the development of novel reaction pathways and understand existing methods, it is necessary to determine the solution interactions between Lewis acids and Lewis bases. Historically, the characterization of the interactions of Lewis pairs has relied on solid state infrared (IR) spectroscopy and X-ray crystallography, as well as in situ NMR. I have developed a method utilizing in situ IR spectroscopy and solution conductivity towards the identification of the solution structures formed when a range of carbonyl compounds are combined with …

Utopian Discourse In Contemporary Speculative Fiction, Casey Alan Jergenson

Dissertations

I argue in this dissertation that utopianism is a vibrant form of cultural production in the post-Cold War period, despite the paucity of recent texts depicting €œgood€ societies. Most literary historical accounts of the genre place the decline of the utopian narrative in the early twentieth century, with a brief resurgence in the 1960s and 1970s. Contemporary culture has since become inundated with dystopian and post-apocalyptic visions of the future. If we take this generic distribution at face-value, it seems symptomatic of the utopian idea's retreat from cultural production since the 1980s. Influential critics have resisted this narrative by demonstrating …

Seed Conflicts In Colombia: Ethnorace, Territory, And Violence, Nathalia Hernandez Vidal

Dissertations

This dissertation follows the theoretical approach of the food regime scholarship (Friedmann and McMichael, 1989) to understand the process of privatization of seeds and the social and material processes associated with it, known as the Corporate Seed Regime (CSR). the CSR is a transnational regime of governance over the bios (life) born in the post- World-War II period, imagined and enforced by and through the World Trade Organization (WTO) and the World Bank (McMichael, 2013). in this work, I explain how a corporate seed regime (CSR) has taken form in Colombia. Extant sociological studies on the formation of CSRs explain …