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Full-Text Articles in Law
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 …
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 …
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 …
Hijacking Chapter 11, George Kuney
Hijacking Chapter 11, George Kuney
College of Law Faculty Scholarship
No abstract provided.
Misinterpreting Bankruptcy Code Section 363(F) And Undermining The Chapter 11 Process, George Kuney
Misinterpreting Bankruptcy Code Section 363(F) And Undermining The Chapter 11 Process, George Kuney
College of Law Faculty Scholarship
No abstract provided.