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Rejection Of An Executory Contract Does Not Invalidate Rights Exercised Or Performance Rendered Prior To Rejection, Samantha B. Caraballo

Bankruptcy Research Library

(Excerpt)

Under section 365 of Title 11 of the United States Code (the "Bankruptcy Code"), a trustee or a debtor in possession may "reject" an executory contract. Rejection results in a breach of contract. Courts consider non-bankruptcy contract law to determine the impact of the breach on the executory contract. In general, rejection does not undo a party’s past performance or exercise of rights under the contract. Instead, it relieves a debtor from its future obligation to perform.

Part I of this Article explains the different approaches to defining "executory contract." Part II of this Article elaborates on a trustee …

Indian River Lagoon Transition Zone Hypothesis Database, Richard L. Turner

Ocean Engineering and Marine Sciences Faculty Publications

Supplementary material for published paper:  Turner, R.L. 2025. The Transition Zone Hypothesis on biodiversity of the Indian River Lagoon System, Florida. Florida Scientist 88(4):125-135.  https://doi.org/10.70931/8804/MUFC8959

This article can be found in the repository, "The Transition Zone Hypothesis on Biodiversity of the Indian River Lag" by Richard L. Turner

Property Of The Estate Under Section 541—Accrual Of Causes Of Action And The "Sufficiently Rooted" Test, Hayung Park

Bankruptcy Research Library

(Excerpt)

This article examines the scope of property included in a bankruptcy estate under section 541 of the Bankruptcy Code, with a focus on causes of action arising both before and after the bankruptcy petition date. Courts apply a two-part analysis to determine whether a claim is part of the estate: (1) whether it accrued as of the petition date, and (2) whether a post-petition claim is sufficiently rooted in the pre-bankruptcy past. This article explores how courts interpret and apply these components to determine estate property.

Non-Consensual Third-Party Releases From Mass-Tort Liabilities Cannot Be Part Of A Chapter 11 Plan, Seth Woodhall

Bankruptcy Research Library

(Excerpt)

Chapter 11 bankruptcy is a process that has allowed many corporations to "work with its creditors to develop a reorganization plan governing the distribution of the estate’s assets[.]" Under 11 U.S.C. §1141(a) once the bankruptcy court confirms the plan, that plan becomes legally binding on the debtor and all creditors—including those who may have not agree to it. "Some plan terms are mandatory, §1123(a); others are optional, §1123(b). [Terms permitting a third-party release] is a provision a debtor may include and a court may approve in a reorganization plan." By presenting a plan to the bankruptcy court as part …

Guideline Of Pulmonary Rehabilitation In Patients With Interstitial Lung Disease, Chia-Ho Lin, Seong-Woong Kang, Ming-Lung Chuang, Pin-Kuei Fu, Chin-Ming Chen, Ko-Long Lin, Ssu-Yuan Chen, Li-Wei Chou, Kuan-Cheng Chen, Yuan-Yang Cheng

Rehabilitation Practice and Science

Interstitial lung disease (ILD) includes a group of chronic respiratory disorders characterized by pulmonary inflammation and fibrosis, often resulting in dyspnea, exercise intolerance, and reduced quality of life. Although pulmonary rehabilitation (PR) is effective in managing these symptoms, no guideline has comprehensively summarized its principles, components, and supporting evidence in ILD. This guideline provides an evidence-based framework for designing and implementing PR tailored to ILD patients. Core recommendations include individualized exercise prescription following the FITT principle, aerobic and resistance training, breathing exercises, supplemental oxygen use, and disease-specific self-management strategies. The guideline also presents validated assessment tools to aid clinical application …

Modification Of Nanoparticles For Designed Interfaces, Tony Lee Neely, Jr.

Theses and Dissertations

The work contained herein, is focused on the design, synthesis, and characterization of polymer nanocomposite interfaces and the property enhancement afforded from said interface design. Through the use of reversible addition fragmentation chain transfer (RAFT) polymerization for the grafting of polymer chains to silica nanoparticles, the surface of silica nanoparticles can be manipulated to tune the properties of the nanocomposite as a whole.

In the first part of this work, heterogeneity is introduced onto the surface of silica nanoparticles via a sequential RAFT polymerization to afford a bimodal brush system. A densely grafted, short brush population is polymerized from the …

Dismissal Of Chapter 11 Cases For Lack Of Good Faith Filing, Amanda Alongi

Bankruptcy Research Library

(Excerpt)

Section 1112 of title 11 of the United States Code (the "Bankruptcy Code") provides that a Chapter 11 case can be converted or dismissed, upon the request of an interested party, "for cause." While cause is required, the Bankruptcy Code does not provide a definition. Rather, section 1112(b)(4) provides a non-exhaustive list of examples that constitute "cause." In addition to the statutory examples, almost all courts interpret "cause" to include a lack of good faith. The Bankruptcy Code also does not define good faith, resulting in courts adopting different approaches to determine good faith. Therefore, when an interested party …

The Delaware Bankruptcy Court's Approach To The Subjective Prong Of The Ordinary Course Of Business Defense, Andrew Cardello

Bankruptcy Research Library

(Excerpt)

The ordinary course of business defense (the "OCB Defense") to preference claims under section 547(c)(2)(A) of title 11 of the United States Code (the "Bankruptcy Code") protects transfers that are consistent with previous transactions between a debtor and creditor. In evaluating this defense, the United States Bankruptcy Court for the District of Delaware (the "Delaware Bankruptcy Court") conducts a fact-intensive inquiry into whether the challenged transfers were consistent with the parties’ previously established business practices. Key considerations include the length and regularity of the relationship, the timing and method of the transactions, and the absence of aggressive collection tactics …

Insurers Have Standing To Object To Reorganization Plans, Haley Daniels

Bankruptcy Research Library

(Excerpt)

Section 1109 of title 11 of the United States Code (the "Bankruptcy Code") allows any "party in interest" to raise, appear, and be heard on any issue in a chapter 11 bankruptcy case. The term party in interest is not otherwise defined in the Bankruptcy Code. The United States Supreme Court has interpreted the phrase to describe a party that has a sufficient stake in the outcome of the bankruptcy reorganization. Importantly, Section 1128(b) of the Bankruptcy Code explicitly provides that a party in interest "may object to confirmation of a plan" in a chapter 11 case.

The United …

Granting A Stay For Non-Debtors, Daniel Denaroso

Bankruptcy Research Library

(Excerpt)

Under section 362 of title 11 of the United States Code (the "Bankruptcy Code"), the filing of a bankruptcy petition results in an automatic stay of actions against a debtor or its assets. While the automatic stay is primarily for the benefit of the debtor, courts have generally extended the stay to non-debtors. However, the Supreme Court disrupted this principle in Purdue by interpreting that the Bankruptcy Code does not authorize a release that effectively discharges a non-debtor’s obligations. Since then, courts have generally interpreted Purdue narrowly to avoid eliminating the ability to grant a stay for non-debtors.

This …

The Valuation Of Crypto Currency Mining Property Under 11 U.S.C. § 506(A)(1), Michael Galletti

Bankruptcy Research Library

(Excerpt)

Section 506(a)(1) of title 11 of the United States Code (the "Bankruptcy Code") provides that a secured creditor's claim is "a secured claim to the extent of the value of such creditor's interest in the estate's interest in such property . . . and is an unsecured claim to the extent that the value of such creditor's interest . . . is less than the amount of such allowed claim." The valuation of collateral is determined "in light of the purpose of the valuation and of the proposed disposition or use of such property." However, the Bankruptcy Code is …

Reconsideration Of A Previously Allowed Or Disallowed Claim Under Section 502(J) Of The Bankruptcy Code In New York And Delaware., Kalina Mesrobian

Bankruptcy Research Library

(Excerpt)

Section 502(j) of title 11 of the United States Code (the "Bankruptcy Code") states that "[a] claim that has been allowed or disallowed may be reconsidered for cause" in a bankruptcy case. 11 U.S.C.S. §502(j). Section 502(j) further states that "a reconsidered claim may be allowed or disallowed according to the equities of the case." Id. There is no definition of "for cause" or "according to the equities of the case," but the courts have generally held that reconsideration ultimately "lies within the discretion of the court." This article will analyze the scenarios under which a bankruptcy court in …

Debtors Entitled To Only Prospective Relief For Extra Trustee Fees Paid Under Unconstitutional Amendment To Section 1930 Trustee Fee Statute, Joseph Parone

Bankruptcy Research Library

(Excerpt)

The United States Trustee Program comprises eighty-eight of the ninety-four Federal judicial districts. The U.S. Trustee Program is funded through the United States Trustee System Fund, a large portion from debtor trustee fees. U.S. Trustee districts are required to implement the trustee fee structure outlined by the Section 1930 fee statute, which is updated through congressional amendment. However, the Judicial Conference, which oversees the Bankruptcy Administrator Program, had discretion to impose trustee fees outlined in section 1930 on debtors within the remaining six Federal judicial districts under their administration.

In the backdrop of this legislative scheme is the Uniformity …

U.S. Court’S Role In Approving The Sale Of U.S. Assets In A Chapter 15 Case, Jamie Vang

Bankruptcy Research Library

(Excerpt)

Chapter 15 cases deal with cross-border insolvency and allow U.S. courts to recognize foreign bankruptcy proceedings and cooperate with foreign courts. Upon recognition of a foreign main proceeding, section 363 of title 11 of the United States Code (the "Bankruptcy Code") will apply to the transfer of U.S. assets. However, the standard for approving a sale under section 363 in a chapter 15 case is not specified.

This article analyzes the bankruptcy court decisions on whether chapter 15 requires U.S. courts to conduct their own individual analysis or to defer to the foreign court in approving the sale of …

Non-Applicability Of Proof Of Claim And Discharge Requirements To Defensive Setoff In Chapter 11 Proceedings, Hanting Wang

Bankruptcy Research Library

(Excerpt)

Setoff is generally recognized as an equitable right through which party A can offset its debt to party B against party B's debt to party A, resulting in simultaneous cancellation. "The right of setoff . . . allows entities that owe each other money to apply their mutual debts against each other, thereby avoiding 'the absurdity of making A pay B when B owes A.'" In bankruptcy cases filed under Chapter 11 of Title 11 of the United States Code (the "Bankruptcy Code"), creditors commonly use the right to setoff to affirmatively implicate and recover from the bankruptcy estate …

The Objective Establishment Of A Ponzi Scheme Is Sufficient To Establish A Debtor’S "Actual Intent To Defraud" Creditors In Fraudulent Conveyance Actions, Sarah Wilkinson

Bankruptcy Research Library

(Excerpt)

A business entity that meets the objective elements of a Ponzi scheme gives rise to the presumption that a debtor possesses the requisite mens rea—the "actual intent to defraud" creditors—in fraudulent conveyance actions. Section 548 of title 11 of the United States Code (the "Bankruptcy Code") "authorizes a trustee to avoid any transfer of funds made by a debtor with (a) an 'actual intent to hinder, delay, or defraud' creditors; or (b) for less than a 'reasonably equivalent value,' among other criteria." Fraudulent conveyance actions are "often called 'clawback' actions." These actions "seek to recover the false returns received …

Adjudicatory Comity As An Alternative To Recognition Under Chapter 15 Of The Bankruptcy Code For Foreign Bankruptcy Proceedings, Janet Wong

Bankruptcy Research Library

(Excerpt)

In the absence of Chapter 15 recognition, foreign debtors may still rely on the doctrine of adjudicatory comity for recognition of a foreign order in some instances. However, because of the limitations on the applicability of adjudicatory comity alone, Chapter 15 recognition may be a safer option for foreign debtors.

In 2005, Congress enacted Chapter 15 under Title 11 of the United States Code (the "Bankruptcy Code") to "provide effective mechanisms for dealing with cases of cross-border insolvency." Under Chapter 15, a foreign representative may apply to the court for recognition of a foreign bankruptcy proceeding. Upon recognition of …

Phenobarbital And Ciwa Protocol: A Retrospective Analysis Of Alcohol Withdrawal Optimization, Cooper Alden Josephs, Trey Austin Doss, Maulikkumar Patel, Taylor Templeton-Jager

South Atlantic Division GME Research Day 2025

No abstract provided.

Diagnostic Dilemma: Appendiceal Endometriosis Mimicking Acute Appendicitis In A Pregnant Patient, Samantha Perez, Abigail Haythron, Trey Doss, Keisha Reddick

South Atlantic Division GME Research Day 2025

No abstract provided.

Old Habits Die Hard: Why Surgeons Continue To Conduct Robotic Surgery Despite A Lack Of Statistical Support, Ansley Connelly, Francheska Razalan-Krause, Taylor Johnson

South Atlantic Division GME Research Day 2025

No abstract provided.

Contribution Of Low Birthweight To Neonatal Intensive Care Unit Admission Among Newborns Delivered At Hca Hospitals In The State Of Georgia: A Mediation Analysis, Brinkley Bray, Bailey Brown, Katelyn Crumbley, Taylor Templeton-Jager, Anthony Royek, Anthony Kondracki

South Atlantic Division GME Research Day 2025

No abstract provided.

Improving Mmr Vaccine Administration Among Rubella Non-Immune Postpartum Women – A Quality Improvement Project, Renée Ricci, Erika Olsen, Final Patel, Stephanie Tootle, Dina Linfoot, Anthony Royek, Eric Shaw

South Atlantic Division GME Research Day 2025

No abstract provided.

39 Week Labor Induction Versus Expectant Management And Cesarean Section Rates In Low-Risk Multiparous Women, A Tanner Fincher, Brendon Cornett, Michael G. Flynn, Sylwia Blawat, Mikalah Maury, Anthony Royek, Arthur M. Baker

South Atlantic Division GME Research Day 2025

No abstract provided.

Incontinentia Pigmenti Diagnosed In Newborn Nursery, Virginia Ramsey Aldrich, Andrea Heuser

South Atlantic Division GME Research Day 2025

No abstract provided.

Autoimmune Pancreatitis Not Otherwise Specified (Aip-Nos): The Importance Of Gastroenterology Consultation When Clinical Findings Are Concerning For Pancreatic Cancer, Cooper Alden Josephs, Daniel Mullady, Nicholas Fuerstenau, Steve Xie, Taylor Templeton-Jager

South Atlantic Division GME Research Day 2025

No abstract provided.

Cryptogenic Fusobacterium Liver Abscesses In Two Healthy, Young Adult Males, Cooper Alden Josephs, Anna Bryce Tucker, James Everhart, Nick Fuerstenau, Taylor Templeton-Jager

South Atlantic Division GME Research Day 2025

No abstract provided.

Surgical Treatment For Severe Penile Calciphylaxis: Case Report And Systematic Review, Kenley Tyler, Peter L. Miller, Kenneth Carney

South Atlantic Division GME Research Day 2025

No abstract provided.

Wandering Spleen With Intermittent Splenic Torsion, Brandon M. Epps, Margaret Carey, Nicholas Hrdlicka, William Boswell, Miller Hamrick

South Atlantic Division GME Research Day 2025

No abstract provided.

From Trial To The Prescription Pad: Quality Improvement Of Sglt-2 Inhibitor Prescription Prevalence For Patients With Diabetes And Heart Failure, Grace Fawcett, Victoria Blaisdell, Riley King, William Hannah, Eric Shaw

South Atlantic Division GME Research Day 2025

No abstract provided.

Traumatic Dislocation Of The Testis, Blake Chandler, Emily Clifton, Christopher Hulsey

South Atlantic Division GME Research Day 2025

No abstract provided.