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Articles 1 - 3 of 3
Full-Text Articles in Law
Don't Go And Do Something Rash About Cram Down Interest Rates, David G. Epstein
Don't Go And Do Something Rash About Cram Down Interest Rates, David G. Epstein
Law Faculty Publications
This Article considers the second and different question of how to value the proposed payments under the plan. While the question of how to value the proposed payments under the plan is different from the question of how to value the creditor's security interest in property, there is a connection between the answers to the questions. The value of the payments must at least equal the value of the security interest.
The Wisconsin Exemption Clause Debate Of 1846: An Historical Perspective On The Regulation Of Debt, Bernard R. Trujillo
The Wisconsin Exemption Clause Debate Of 1846: An Historical Perspective On The Regulation Of Debt, Bernard R. Trujillo
Law Faculty Publications
No abstract provided.
National Bankruptcy Review Commission's Section 365 Recommendations And The Larger Conceptual Issues, David G. Epstein
National Bankruptcy Review Commission's Section 365 Recommendations And The Larger Conceptual Issues, David G. Epstein
Law Faculty Publications
In the chapter of the Report of the National Bankruptcy Commission ("Report") entitled "Business Bankruptcy," the National Bankruptcy Review Commission ("Review Commission") makes four recommendations regarding section 365 of the Bankruptcy Code: 2.4.1 Clarifying the Meaning of "Rejection" The concept of "rejection" in section 365 should be replaced with "election to breach." Section 365 should provide that a trustee's ability to elect to breach a contract of the debtor is not an avoiding power. Section 502(g) should be amended to provide that a claim arising from the election to breach shall be allowed or disallowed the same as if such …