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Full-Text Articles in Law
Remembrance Of Claims Past: The Due Process Owed To Unknown And Unknowable Future Claimants In Light Of Williams V. Placid Oil Co. (In Re Placid Oil Co.), Amir Shachmurove
Remembrance Of Claims Past: The Due Process Owed To Unknown And Unknowable Future Claimants In Light Of Williams V. Placid Oil Co. (In Re Placid Oil Co.), Amir Shachmurove
Amir Shachmurove
For more than two decades, whenever a debtor potentially subject to “mass tort” suits predicated on such latent injuries has filed a bankruptcy petition under Chapter 11 of the Bankruptcy Code, courts have struggled with how to classify such causes of action as Code “claims” under § 101 and how to ensure the notice guaranteed by the Due Process Clause of the Constitution’s Fifth Amendment is effectively afforded to these actions’ holders. In an area of bankruptcy law still influenced by its two earliest cases — In re Johns-Manville Corp. (“Manville”) and In re A. H. Robins Co. (“A.H. Robins”) …
Purchasing Claims And Changing Votes: Establishing "Cause" Under Rule 3018(A), Amir Shachmurove
Purchasing Claims And Changing Votes: Establishing "Cause" Under Rule 3018(A), Amir Shachmurove
Amir Shachmurove
Chapter 11 of the Bankruptcy Code gives creditors whose rights will be impaired the right to vote to accept or reject a proposed plan of reorganization. Bankruptcy law subjects this right of franchise to two limitations. Section 1126(e) provides that a vote cast “not in good faith” or “not solicited or procured in good faith” may be “designated” or nullified. The second restriction on voting, the subject of this article, is set forth in the penultimate sentence of Federal Rule of Bankruptcy Procedure 3018(a), which requires “a creditor or equity security holder” seeking “to change or withdraw an acceptance or …
Veiled Egos: Alter Ego, Veil-Piercing, And Sections 362(A) And 727(A), Amir Shachmurove
Veiled Egos: Alter Ego, Veil-Piercing, And Sections 362(A) And 727(A), Amir Shachmurove
Amir Shachmurove
No abstract provided.
Unquantifiable Wrongs, Incomparable Remedies: Post-Petition Enforcement Of Noncompetition Agreements, Amir Shachmurove
Unquantifiable Wrongs, Incomparable Remedies: Post-Petition Enforcement Of Noncompetition Agreements, Amir Shachmurove
Amir Shachmurove
No abstract provided.
Bankruptcy Rule 7004(H) After Espinosa: A Timely Distinction Between Constitutional And Statutory Service, Amir Shachmurove
Bankruptcy Rule 7004(H) After Espinosa: A Timely Distinction Between Constitutional And Statutory Service, Amir Shachmurove
Amir Shachmurove
In a contested matter or adversary proceeding, Federal Rule of Bankruptcy Procedure 7004(h) sets forth the requisites for service on an “insured depository institution.” Subject to three exceptions, a motion or complaint must be served by certified mail on an officer of these statutorily defined institutions. In a Chapter 13 case, a debtor may attempt to strip-off a wholly unsecured junior mortgage via a motion under § 506(a) pursuant to Rule 3012, a plan provision in accordance with § 1322(b)(2), an adversary proceeding, or some combination. This article focuses on how a debtor’s failure to satisfy Rule 7004(h) affects the …
Should § 707(B) Apply In Chapter 7 Cases Converted From Chapter 13?, Anna Haugen, James Eidson, Amir Shachmurove
Should § 707(B) Apply In Chapter 7 Cases Converted From Chapter 13?, Anna Haugen, James Eidson, Amir Shachmurove
Amir Shachmurove
No abstract provided.