Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 3 of 3
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”) …
The Proverbial Right-Without-A-Remedy Dilemma To Effective Counsel In Florida Termination Of Parental Rights Proceedings, Anna Haugen, Kyle Sill, Amir Shachmurove
The Proverbial Right-Without-A-Remedy Dilemma To Effective Counsel In Florida Termination Of Parental Rights Proceedings, Anna Haugen, Kyle Sill, Amir Shachmurove
Amir Shachmurove
No abstract provided.
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 …