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Faculty Publications

University of Massachusetts School of Law

1999

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Full-Text Articles in Law

I Don't Want To Play God: A Response To Professor Tremblay, Justine A. Dunlap Jan 1999

I Don't Want To Play God: A Response To Professor Tremblay, Justine A. Dunlap

Faculty Publications

In Acting "A Very Moral Type of God": Triage Among Poor Clients, an article in this Symposium issue, Professor Paul R. Tremblay argues for the need for triage in the selection of legal services cases and clients and suggests a formula for making those triage decisions. While many of Professor Tremblay's views are unassailable, there is a part of me that rejects absolutely his hierarchy of case selection. In this musing on Professor Tremblay's meditation, I attempt to sort out the basis for my strong reaction to some of his points. I join others who have rejected a system …

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Section 365 In The Consumer Context: Something Old, Something New, Something Borrowed, Something Blue, Michael G. Hillinger, Ingrid Michelsen Hillinger Jan 1999

Section 365 In The Consumer Context: Something Old, Something New, Something Borrowed, Something Blue, Michael G. Hillinger, Ingrid Michelsen Hillinger

Faculty Publications

The § 365 consumer debtor case law has a further complication. Much of it arises in the context of the last great bankruptcy frontier, Chapter 13. Until recently, Chapter 11 has occupied the minds and hearts of courts and attorneys. Not any more. And, as attorneys and courts take a closer, harder look at Chapter 13, it is no longer possible to describe it as a “streamlined creditors-can’t-vote Chapter 11”. Chapter 13 is unique, presenting its very own quandaries, not the least of which is how its provisions and § 365 interact. We live in interesting times.

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