Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 30 of 34
Full-Text Articles in Law
Reader's Digest, Walter Machnicki
Reader's Digest, Walter Machnicki
Chapter 11 Bankruptcy Case Studies
No abstract provided.
Mesa Airlines, Brittany Brent, Lindy Harris
Mesa Airlines, Brittany Brent, Lindy Harris
Chapter 11 Bankruptcy Case Studies
No abstract provided.
Solyndra, Brandon Brewer, Matthew Kinsey, Anthony Mendenhall
Solyndra, Brandon Brewer, Matthew Kinsey, Anthony Mendenhall
Chapter 11 Bankruptcy Case Studies
No abstract provided.
In Re Jazz Photo Corp., Archie Carden, Cory Swainston
In Re Jazz Photo Corp., Archie Carden, Cory Swainston
Chapter 11 Bankruptcy Case Studies
No abstract provided.
In Re Adelphia Communications Corp., Hilari Sheffield, Adam Smith
In Re Adelphia Communications Corp., Hilari Sheffield, Adam Smith
Chapter 11 Bankruptcy Case Studies
No abstract provided.
New Era Bankruptcy, Holly N. Mancl
New Era Bankruptcy, Holly N. Mancl
Chapter 11 Bankruptcy Case Studies
No abstract provided.
The Bankruptcy Of D & K Aviation, T J. Hatter, Maurice Echols, Michael Mason
The Bankruptcy Of D & K Aviation, T J. Hatter, Maurice Echols, Michael Mason
Chapter 11 Bankruptcy Case Studies
No abstract provided.
The Bankruptcy Of Golfers' Warehouse, Inc.: A Lesson In How To Sell A Business In Chapter 11, Briton Collins, Will Smith, David Choi
The Bankruptcy Of Golfers' Warehouse, Inc.: A Lesson In How To Sell A Business In Chapter 11, Briton Collins, Will Smith, David Choi
Chapter 11 Bankruptcy Case Studies
No abstract provided.
Independence Air, Kara West, Patrick Woodside
Independence Air, Kara West, Patrick Woodside
Chapter 11 Bankruptcy Case Studies
No abstract provided.
Lambuth, Jennifer Crake, Zackarij Gradner, Scott Mcleod
Lambuth, Jennifer Crake, Zackarij Gradner, Scott Mcleod
Chapter 11 Bankruptcy Case Studies
No abstract provided.
Movie Gallery, Cornell Kennedy, Phylinda Ramsey, Kevin Rayburn
Movie Gallery, Cornell Kennedy, Phylinda Ramsey, Kevin Rayburn
Chapter 11 Bankruptcy Case Studies
No abstract provided.
The Story Of Kmart's Reorganization, John Fisher, Justin Wolbert
The Story Of Kmart's Reorganization, John Fisher, Justin Wolbert
Chapter 11 Bankruptcy Case Studies
No abstract provided.
Drug Fair Group, Inc., Robby Lockett, Scott Lochridge, Jessica Manning
Drug Fair Group, Inc., Robby Lockett, Scott Lochridge, Jessica Manning
Chapter 11 Bankruptcy Case Studies
No abstract provided.
Vacating Chrysler, George Kuney
Vacating Chrysler, George Kuney
College of Law Faculty Scholarship
This article examines the Chrysler section 363 transaction and the opinions that approved it. Chrysler may be merely another example of good facts and a crisis making what is, perhaps, bad law, which has been a pattern in the evolution of chapter 11 jurisprudence since the Bankruptcy Code was enacted in 1978. The Supreme Court appears to have recognized this in the Chrysler case and took the opportunity created by the petition for the certiorari to attempt to wipe the slate clean and reestablish the pre-Chrysler status quo. If this was the Justices’ intent, it is not clear that they …
Vacating Chrysler, George Kuney
Vacating Chrysler, George Kuney
Scholarly Works
This article examines the Chrysler section 363 transaction and the opinions that approved it. Chrysler may be merely another example of good facts and a crisis making what is, perhaps, bad law, which has been a pattern in the evolution of chapter 11 jurisprudence since the Bankruptcy Code was enacted in 1978. The Supreme Court appears to have recognized this in the Chrysler case and took the opportunity created by the petition for the certiorari to attempt to wipe the slate clean and reestablish the pre-Chrysler status quo. If this was the Justices’ intent, it is not clear that they …
In Re Crabtree & Evelyn: "Almost Washed Up", Kristina Chuck, Lin Ye
In Re Crabtree & Evelyn: "Almost Washed Up", Kristina Chuck, Lin Ye
Chapter 11 Bankruptcy Case Studies
Crabtree and Evelyn (“C&E”) started in 1972 as an outlet of fine soaps from all over the globe. The name was derived from the crabapple tree and John Evelyn who was a Renaissance Englishman who had works on the conservation of forests and timber. Over the almost forty years since then it has expanded what it has to offer from fine soaps to a variety of other products including “personal care products and related accessories, fragrances, comestibles (i.e., food products including cookies, teas and jams), products for the home and gift arrangements.”
It also “manufactures and distributes more …
Death Of A (Used Car) Salesman: An Examination Of The Incredible Auto Sales, Llc Bankruptcy, Alicia Teubert, Melissa Carraso
Death Of A (Used Car) Salesman: An Examination Of The Incredible Auto Sales, Llc Bankruptcy, Alicia Teubert, Melissa Carraso
Chapter 11 Bankruptcy Case Studies
At first glance, the Incredible Auto Sales, LLC (“Incredible Auto”) Chapter 11 bankruptcy appeared fairly standard. A once prospering business found itself in the red trying to keep its inventory stocked, pay its bills, and remain a going concern. On paper, the prospects of reorganization seemed promising. It had nearly $2 million worth of inventory. It had nearly $200,000 worth of machinery, fixtures, parts, and supplies. Plus, there was a market for its product because Incredible Auto was the only Kia MotorsAmerica (“KIA”) dealership in a 250-300 mile radius. However, the Incredible Auto on paper was not the same Incredible …
Tragedy On The Descent: The Ascent And Fall Of Eddie Bauer, Austin Fleming, Bryan C. Hathorn
Tragedy On The Descent: The Ascent And Fall Of Eddie Bauer, Austin Fleming, Bryan C. Hathorn
Chapter 11 Bankruptcy Case Studies
For many entrepreneurs, bankruptcy is the unfortunate end of what began as a business dream. The birth of a business is an exciting time for the entrepreneur, but its death is often a painful process—both for the company's owners and its creditors. Those businesses that choose not to reorganize close their doors forever. However, reorganization can often salvage a business enterprise that is a good one but is impaired by debt, crisis, or simple bad luck.
The goals of the reorganization process are clear—the idea is to produce a viable business enterprise but one not necessarily owned by the original …
Active Ride Shop : Chapter 11 Bankruptcy, Matt Fink, Philip Meyer
Active Ride Shop : Chapter 11 Bankruptcy, Matt Fink, Philip Meyer
Chapter 11 Bankruptcy Case Studies
In 2008, hundreds of people waited in the rain for the grand opening of Active Ride Shop’s new Chico Hills location, its twenty-sixth store and its biggest opening event yet. In the same year, Active was awarded the Surf Industry Men’s Retailer of the Year Award, yet less than a year later the company would file for chapter 11 protection. This paper will explore Active’s financial downturn and resulting chapter 11 case, inform the reader about the workings of the chapter 11 process, and impart an understanding of how the process works in the context of a non-plan sale of …
Appalachian Oil Company, Inc.: A Company's Journey After Running Out Of Gas, Allison S. Jackson, Raymond G. Lewallen Jr., Jennifer T. Mcginn
Appalachian Oil Company, Inc.: A Company's Journey After Running Out Of Gas, Allison S. Jackson, Raymond G. Lewallen Jr., Jennifer T. Mcginn
Chapter 11 Bankruptcy Case Studies
When Appalachian Oil Company, Inc. filed for Chapter 11 protection on February 9, 2009, it marked the end of an era for a company with more than eighty-six years of experience in the petroleum products industry. The company’s failure was attributable to a couple of factors, including the worst financial crisis since the Great Depression and a parasitic parent company. The combination of a lack of operating income and access to credit rendered the company insolvent and unable to continue its operations. Appalachian Oil Company, Inc.’s journey through Chapter 11, however, was unique in that it never reemerged; rather, the …
Non-Debtor Releases And Travelers V. Bailey: A Circuit Split That Is Likely To Remain, George Kuney
Non-Debtor Releases And Travelers V. Bailey: A Circuit Split That Is Likely To Remain, George Kuney
College of Law Faculty Scholarship
The Travelers Indemnity Company v. Bailey, 129 S.Ct. 2195 (2009), presented the Supreme Court with the opportunity to review and decide the issue of whether or not bankruptcy courts have jurisdiction to release non-debtors from claims of other non-debtors that have no impact upon and are not derived from the res of the bankruptcy estate. Instead of reaching the question, however, the Court, in an opinion authored by Justice Souter and joined in by Justices Roberts, Scalia, Kennedy, Thomas, Breyer, and Alito, disposed of the case under the principles of res judicata and the bar on collaterally attacking a final …
Non-Debtor Releases And Travelers V. Bailey: A Circuit Split That Is Likely To Remain, George Kuney
Non-Debtor Releases And Travelers V. Bailey: A Circuit Split That Is Likely To Remain, George Kuney
Scholarly Works
The Travelers Indemnity Company v. Bailey, 129 S.Ct. 2195 (2009), presented the Supreme Court with the opportunity to review and decide the issue of whether or not bankruptcy courts have jurisdiction to release non-debtors from claims of other non-debtors that have no impact upon and are not derived from the res of the bankruptcy estate. Instead of reaching the question, however, the Court, in an opinion authored by Justice Souter and joined in by Justices Roberts, Scalia, Kennedy, Thomas, Breyer, and Alito, disposed of the case under the principles of res judicata and the bar on collaterally attacking a final …
Unethical Protection? Model Rule 1.8(H) And Plan Releases Of Professional Liability, George Kuney
Unethical Protection? Model Rule 1.8(H) And Plan Releases Of Professional Liability, George Kuney
Scholarly Works
The American Bar Association’s Model Rules of Professional Conduct address the propriety of attorneys obtaining releases from their clients of either past claims or future claims against themselves. Under the applicable Model Rule, both types of releases require the involvement, or the opportunity for involvement, of independent counsel to review and advise the client on the issue.
Releases in chapter 11 plans typically cover insiders, members of the creditors’ committee, and the debtor’s and committee’s counsel. Few courts or disciplinary bodies of the various state bars have addressed the ethical issues that arise when counsel insert into a plan of …
Unethical Protection? Model Rule 1.8(H) And Plan Releases Of Professional Liability, George Kuney
Unethical Protection? Model Rule 1.8(H) And Plan Releases Of Professional Liability, George Kuney
College of Law Faculty Scholarship
The American Bar Association’s Model Rules of Professional Conduct address the propriety of attorneys obtaining releases from their clients of either past claims or future claims against themselves. Under the applicable Model Rule, both types of releases require the involvement, or the opportunity for involvement, of independent counsel to review and advise the client on the issue.Releases in chapter 11 plans typically cover insiders, members of the creditors’ committee, and the debtor’s and committee’s counsel. Few courts or disciplinary bodies of the various state bars have addressed the ethical issues that arise when counsel insert into a plan of reorganization …
U.S. Airways, Petrie, Patterson
U.S. Airways, Petrie, Patterson
Chapter 11 Bankruptcy Case Studies
No abstract provided.
Fao Schwartz In Chapter 22: Too Big For Its Britches, Andrea Kuban, Chris Reiley, Mary Walker
Fao Schwartz In Chapter 22: Too Big For Its Britches, Andrea Kuban, Chris Reiley, Mary Walker
Chapter 11 Bankruptcy Case Studies
No abstract provided.
Mississippi Chemical, Stacie Odencal, Jeremy Deese
Mississippi Chemical, Stacie Odencal, Jeremy Deese
Chapter 11 Bankruptcy Case Studies
No abstract provided.
Tyson, Neal Cope, Doug Elkins
Tyson, Neal Cope, Doug Elkins
Chapter 11 Bankruptcy Case Studies
No abstract provided.
H.W. Johns - Manville, Steven P. Ingram, James K. Lam
H.W. Johns - Manville, Steven P. Ingram, James K. Lam
Chapter 11 Bankruptcy Case Studies
No abstract provided.
The A.H. Robins Bankruptcy, Jeb Gerth, Ed Meade, Ryan Russell
The A.H. Robins Bankruptcy, Jeb Gerth, Ed Meade, Ryan Russell
Chapter 11 Bankruptcy Case Studies
No abstract provided.