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Full-Text Articles in Law
Bankruptcy, W. Homer Drake Jr., Michael M. Duclos
Bankruptcy, W. Homer Drake Jr., Michael M. Duclos
Mercer Law Review
Unlike past years when the United States Court of Appeals for the Eleventh Circuit issued a tremendous number of bankruptcy decisions each term, 1997 turned out to be a very quiet year because the Eleventh Circuit issued only eight opinions addressing matters arising under the Bankruptcy Code. This Article is a survey of those 1997 bankruptcy decisions.
How Should Property Be Valued In A Cram Down?, Mark E. Beatty
How Should Property Be Valued In A Cram Down?, Mark E. Beatty
Mercer Law Review
One of the most intriguing topics in bankruptcy law is the valuation of property in cram down cases, specifically Chapter 13 cases. This article will first present and discuss the different methods of valuation employed by the circuit courts before Associates Commercial Corp. v. Rash (Rash III) was decided by the Supreme Court and the reasoning behind these methods. The next section will discuss the opinion in Rash and the chosen method of valuation in Chapter 13 cram down cases. The third section will discuss the implications of the decision in Rash. The Article will conclude with …