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Current Issue
Apr. 2012, Vol. 64, No. 2
Articles
Charles W. Rhodes, Nineteenth Century Personal Jurisdiction Doctrine in a Twenty-First Century World
Essay
Rebecca E. Zietlow, Popular Originalism: The Tea Party and Constitutional Theory
Note
Category Archives: Bankruptcy
Kimon Korres, Bankrupting Bankruptcy: Circumventing Chapter 11 Protections Through Manipulation of the Business Justification Standard in § 363 Asset Sales, and a Refined Standard to Safeguard Against Abuse
63 Fla. L. Rev. 959 (2011)| | | NOTE :: Of the twenty largest public company bankruptcy filings from 1980 to the present, seventeen have taken place since 2001, and ten of those seventeen were filed between March of 2007 and … Continue reading
Posted in Bankruptcy, Business & Corporate Law, Employment Law, Government Contracts, Tax Law, Uncategorized
Tagged 363, 363(b), asset sales, Bankruptcy, Bankruptcy Code, Bankrupting Bankruptcy, business justification, Chapter 11, Chrysler, claims, defeating, economic crisis, In re Chrysler LLC, Kimon, Korres, lease, power creditors, property, safeguarding abuse, Section 363, secured claims, sell, seventeen bankruptcies, Sub rosa, subordinating, traditional guide, use
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Creola Johnson, Renters Evicted en Masse: Collateral Damage Arising from the Subprime Foreclosure Crisis
62 Fla. L. Rev. 975 (2010) | | | | INTRODUCTION :: Across the country, innocent renters are becoming victims of their landlords’ inability to avoid foreclosure on their rental properties. Many are not receiving the legal rights that they … Continue reading
Posted in Bankruptcy, Governments and Legislation, Property Law, Uncategorized
Tagged Baltimore, Creola, current market conditions, economic meltdown, federal state law, foreclosure, foreclosure crisis, Johnson, lenders, Marjorie Benedum, morgtgages, mortagees, public nuisances, Renters Evicted en Masse, Subprime, vacant properties
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Andrew S. Brown, Breaking Up and Making Out (Rich): Recommendations for Revision of the Bankruptcy Code Provisions Governing Break-Up Fees Used by Stalking Horse Bidders in § 363 Bankruptcy Asset Sales
62 Fla. L. Rev. 1463 (2010) | | | | INTRODUCTION :: Since December 2007, the United States has suffered through a “Great Recession.” The stock market had plummeted more than 40% from its peak as investors pulled their money … Continue reading
Posted in Bankruptcy, Business & Corporate Law, Governments and Legislation, Tort Law
Tagged 11 U.S.C., 363, Bankruptcy Asset Sales, break-up fee, Breaking UP, Brown, economic crisis, Making out Rich, Revision, sale of companies
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Brent J. Horton, In Defence of Private-Label Mortgage-Backed Securities
61 Fla. L. Rev. 827 (2009) | | | | ABSTRACT :: The House Financial Services Committee recently concluded that lack of regulation of private-label mortgage-backed securities (MBS) is to blame for the unsustainable housing bubble that peaked in mid-2006-and … Continue reading
Richard M. Hynes, Broke but not Bankrupt: Consumer Debt Collection in State Courts
60 Fla. L. Rev. 1 (2008) | | | | INTRODUCTION :: Virginia, with a population of about seven million, has averaged more than a million civil filings a year since the late 1980s. The overwhelming majority of these filings … Continue reading
Posted in Bankruptcy, Property Law, Uncategorized
Tagged Bankruptcy, Consumer Debt Collection, debtors prision, default, foreclosure, homeownership, Hynes, informal bankruptcy, involvent, litigation, non-business bankruptcy, poverty, Virginia
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Diana L. Hayes, Bankruptcy Law: An Exercise in Statutory Interpretation-Staying True to the Broad Aim of the Code or Ignoring Plain Meaning and Purpose?
59 Fla. L. Rev. 697 (2007) | | | | TEXT :: State law required Petitioner to maintain workers’ compensation coverage for his freight trucking business. Petitioner contracted with Respondent to provide this insurance. After Petitioner canceled the policy and … Continue reading
Posted in Attorney Practice, Bankruptcy, Uncategorized, Workers Compensation Law
Tagged 506(a)(5), 506(b), 507(a)(5) Chapter 11, Bankruptcy, Bankruptcy Act, Fourth Circuit Court of Appeals, Hayes, Oversecured, postpetition interest, priority, Shedd, statute, statutory intrepretation, substitution-type benefits, United States v. Embassy Restaurant
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