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Date
Bankruptcy courts should implement constructive trusts in any case where applicable state law would recognize them.
April 15, 2013
The scope of protection of "financial contracts" in bankruptcy should be rolled back to what it was before BAPCPA expanded it in 2005.
April 1, 2013
Who will win the NCAA basketball tournament?
March 19, 2013
As a result of the
RadLAX
decision, the right to credit bid will likely chill bidding at auctions, as potential purchasers may be dissuaded from participating in the bidding process.
February 15, 2013
After
Stern
, bankruptcy courts do not have the constitutional authority to enter final judgments on fraudulent conveyance claims.
January 7, 2013
A licensee of a trademark has the right to retain the license even when a debtor rejects the underlying contract creating the license. (
Sunbeam Products
, 7th Cir)
November 30, 2012
Despite the "free and clear" language of Sect. 363(f), purchasers of assets in 363 sales may still be liable for injuries to unidentifiable future claimants. (In
re Grumman Olson Indus
, SDNY).
October 31, 2012
Section 523(a)(8) should be amended to allow private student loans to be discharged in bankruptcy
October 18, 2012
Bankruptcy courts should adopt formal loss mitigation procedures to facilitate the negotiation of residential mortgage modifications for consumer debtors.
September 26, 2012
Bankruptcy courts should have unfettered discretion in adjusting fee applications, even when no party-in-interest has raised objections.
September 5, 2012
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