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Nothing Natural About It: Still Searching For A Solution To The Chapter 11 Stamp Tax Exemption, Lindsay K. Taft
Nothing Natural About It: Still Searching For A Solution To The Chapter 11 Stamp Tax Exemption, Lindsay K. Taft
Seattle University Law Review
In June of 2008, in Florida Department of Revenue v. Piccadilly Cafeterias, Inc., the Supreme Court settled a circuit split and issued a bright line rule stating that asset transfers made prior to the confirmation of a Chapter 11 plan of reorganization no longer benefit from certain tax exemptions. As a result, the cost of selling assets in a bankruptcy case outside of a plan will increase. The provision at issue in the case, which exempts asset transfers and sales from certain state taxes, contains language ambiguous enough that four federal circuit courts have contemplated which types of asset …
Your Licensor Has A License To Kill, And It May Be Yours: Why The Ninth Circuit Should Resist Bankruptcy Law That Threatens Intellectual Property Licensing Rights, Jon Minear
Seattle University Law Review
In recent opinions, the U.S. Court of Appeals for the Seventh Circuit has interpreted the Bankruptcy Code ("the Code") in a manner that makes inaction or ignorance perilous for IP licensees whose licensor declares bankruptcy. Although Congress amended the Code to protect a licensee from losing technology rights in these situations, the Seventh Circuit has narrowly interpreted a strikingly similar bankruptcy provision involving real-estate leases and, in doing so, has cast doubt on the efficacy of the licensee protections found in section 365(n) of the Code. In addition, this circuit has broadly interpreted another Code section dealing with title-clearing sales …
Article Iii And The "Related To" Bankruptcy Jurisdiction: A Case Study In Protective Jurisdiction, Thomas C. Galligan, Jr.
Article Iii And The "Related To" Bankruptcy Jurisdiction: A Case Study In Protective Jurisdiction, Thomas C. Galligan, Jr.
Seattle University Law Review
Section II of this paper briefly sets out the jurisdictional scheme of the 1984 Act. Section III presents and describes the argument that the "related to" bankruptcy jurisdiction is unconstitutional. Statements in the legislative history indicate that some legislators believed it would be unconstitutional for a federal court to take jurisdiction in a non-diversity case with Marathon-type state law issues. Several cases have adopted this reasoning and have held that in order for a federal court to have "related to" bankruptcy jurisdiction there must be an independent basis for federal jurisdiction. The Supreme Court cases supporting "related to" jurisdiction are …
A Fresh Start Through Bankruptcy: Fact Or Frustration For The Student Loan Debtor?, Barbara Linde
A Fresh Start Through Bankruptcy: Fact Or Frustration For The Student Loan Debtor?, Barbara Linde
Seattle University Law Review
The rapidly increasing number of student loans maturing under the relatively new guaranteed student loan program have spawned a dramatic increase in the number of educational loans discharged in bankruptcy. This comment will examine former students' ability to obtain college transcripts after discharge of their student loans through bankruptcy. It will discuss the two cases holding that a private college can deny transcripts to bankrupts, but a state college cannot." Furthermore, it will inquire into the purposes of the Bankruptcy Act, the correctness of the restrictive judicial interpretation of the 1970 amendments," and alternative judicial approaches that better reflect the …