Archive for October, 2007
Wednesday, October 31st, 2007
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One thing is certain, no two fraternal twins are alike. And Zachary Spencer, yanked out feet first at an equally healthy 6 lbs. 6 oz. five minutes after his brother Dave (and none too happy about having lost the territory seized from his escaping brother), is as unlike his brother Dave as are many of the famous twins on this list. While Dave cried, Zack cooed. While Dave gulped, Zack nibbled. While Dave screamed his head off, Zack lay pensive, eyes wide open, fingers perched thoughtfully on his chin. But both share this: they are miracles and blessings for which we are most grateful!
This final twin post of the day contains my "Picks of the Month" for July 2007, and is dedicated to my second newborn son, Zack, whose picture is also from about two weeks ago. Thanks again to everyone for their double "mazel tovs"!
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Scott D. Baker and Emily B. Kirsch, DOES LENDER LIABILITY EXIST FOR COPYRIGHT INFRINGEMENT?, Mondaq Article ID: 50402
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Mark A. Bogdanowicz, PENSION FUNDS ARE PROTECTED POST-BAPCPA… OR ARE THEY?, 2007 NO. 7 NRTN-BLA 1
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Ralph Brubaker, EXPLAINING KATZ’S NEW BANKRUPTCY EXCEPTION TO STATE SOVEREIGN IMMUNITY: THE BANKRUPTCY POWER AS A FEDERAL FORUM POWER, 15 Am. Bankr. Inst. L. Rev. 95
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Mike C. Buckley, CAN A DEBTOR REJECT A TERMINATED EXECUTORY CONTRACT? SHOULD THE DEBTOR DO SO?, Mondaq Article ID: 50372
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George R. Calhoun, ARBITRATION CLAUSES NOT INVALIDATED BY REJECTION, 26-AUG Am. Bankr. Inst. J. 36
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Peter S. Clark II, MARKET PRICE USED TO REJECT FRAUDULENT CONVEYANCE CHALLENGE TO LEVERAGED SPIN, Mondaq Article ID: 50412
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Frederick P. Corbit, THE FOUNDING FATHERS’ INFLUENCE ON BANKRUPTCY LAW, 26-AUG Am. Bankr. Inst. J. 50
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Donald J. Detweiler and Sandra G.M. Selzer, SCOPE OF DIRECTOR’S FIDUCIARY DUTIES TO CREDITORS, 26-AUG Am. Bankr. Inst. J. 1
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Paul Devinsky, HOW MANY FEET OF FRUIT DOES IT TAKE TO BE A "SUCCESSOR", Mondaq Article ID: 50048
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David Gray Carlson, MEANS TESTING: THE FAILED BANKRUPTCY REVOLUTION OF 2005, 15 Am. Bankr. Inst. L. Rev. 223
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Michael D. Fielding, HOW TO AVOID ARBITRATION IN BANKRUPTCY: SIX ARGUMENTS IN YOUR ARSENAL, 26-AUG Am. Bankr. Inst. J. 24
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Susan M. Freeman and Marvin C. Ruth, THE SCOPE OF BANKRUPTCY ANCILLARY JURISDICTION AFTER KATZ AS INFORMED BY PRE-KATZ ANCILLARY JURISDICTION CASES, 15 Am. Bankr. Inst. L. Rev. 155
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Cynthia Futter and Anne E. Wells, WHAT TO EXPECT FROM HEDGE FUNDS TODAY AND IN THE FUTURE: AN OVERVIEW AND INSOLVENCY PERSPECTIVE, 29 Cal. Bankr. J. 213
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Randolph J. Haines, FEDERALISM PRINCIPLES IN BANKRUPTCY AFTER KATZ, 15 Am. Bankr. Inst. L. Rev. 135
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William C. Heuer, QMECT, INC.: PICKING UP WHERE THE TRAVELERS LEFT OFF, 26 Am. Bankr. Inst. J. 32
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Michael J. Holtje, Jason A. Cantone, Dr. Richard Weiner, Ryan J. Winter, Susan Block-Lieb and Dr. Karen Gross, PYSCHOLOGY AND BAPCPA, 26-AUG Am. Bankr. Inst. J. 20
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Susan Power Johnston, CRAM-DOWN INTEREST RATES: DEVELOPMENTS FOLLOWING TILL V. SCS CREDIT CORPORATION, 16 J. Bankr. L. & Prac. 4 Art. 1
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Lance Jurich, Gregory Schwed and Christina M. Moore, DEEPENING INSOLVENCY: A DOCTRINE IN DECLINE?, 29 Cal. Bankr. J. 199
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Lawrence J. Kotler, FROM INVESTORS FUNDING TO TRENWICK: HAVE WE COME FULL CIRCLE WITH RESPECT TO THE "TORT" OF DEEPENING INSOLVENCY?, 16 J. Bankr. L. & Prac. 4 Art. 4
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John W. Lamb, Jr. and Austin L. McMullen, RECENT DECISIONS FROM THE APPELLATE COURTS, 2007 NO. 7 NRTN-BLA 4
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Richard Leib, FEDERAL SUPREMACY AND STATE SOVEREIGNTY: THE SUPREME COURT’S EARLY JURISPRUDENCE, 15 Am. Bankr. Inst. L. Rev. 3
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Ramsay McCullough, COMMENT: THE 18-MONTH TIME LIMIT ON DEBTOR EXCLUSIVITY IN CHAPTER 11 BANKRUPTCY AND ITS EFFECT ON THE AIRLINE INDUSTRY, 16 J. Bankr. L. & Prac. 4 Art. 5
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Kerry Notestine, RECENT COURT DECISIONS IDENTIFY CONCERNS IN DRAFTING RELEASES, Mondaq Article ID: 50566
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Beatrice O’Donnell, E-DISCOVERY: ADMISSIBILITY OF E-MAILS CRITICAL FOR SUCCESS ON SUMMARY JUDGMENT, Mondaq Article ID: 50950
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Joseph O’Neil, Jr., COURT REJECTS CLAIM OF ‘IMPLIED ASSUMPTION’ OF EXECUTORY CONTRACTS, Mondaq Article ID: 50382
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Joseph O’Neil, Jr., OVERSECURED CREDITOR ALLOWED TO COLLECT ‘REASONABLE’ LEGAL FEES, Mondaq Article ID: 50380
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Matthew Petrie, WHEN A CLAIM ARISES AND WHY IT MATTERS, 16 J. Bankr. L. & Prac. 4 Art. 6
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Thomas E. Plank, STATE SOVEREIGNTY IN BANKRUPTCY AFTER KATZ, 15 Am. Bankr. Inst. L. Rev. 59
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Rick Rambo, LANDMARK DECISION AFFORDS CONSTITUTIONAL PRIVACY PROTECTION TO E-MAILS, Mondaq Article ID: 50680
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Martin H. Redish and Daniel M. Greenfield, BANKRUPTCY, SOVEREIGN IMMUNITY AND THE DILEMMA OF PRINCIPLED DECISION MAKING: THE CURIOUS CASE OF CENTRAL VIRGINIA COLLEGE V. KATZ, 15 Am. Bankr. Inst. L. Rev. 13
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Alan N. Resnick, THE ENFORCEABILITY OF ARBITRATION CLAUSES IN BANKRUPTCY, 15 Am. Bankr. Inst. L. Rev. 183
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Marvin C. Ruth and Scott K. Brown, PACIFIC EXPRESS– ON THE RISE OR FALLING? AN UPDATE ON LOAN RECHARACTERIZATION AND ITS INTERPLAY WITH 11 U.S.C. § 510(B), 2007 NO. 7 NRTN-BLA 2
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Michael Anthony Sabella, THE CATEGORY 5 CRISIS: HOW HURRICANES KATRINA AND RITA EXPOSED DEFICIENCIES IN THE BANKRUPTCY ABUSE PREVENTION AND CONSUMER PROTECTION ACT OF 2005, 15 Am. Bankr. Inst. L. Rev. 321
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Gregory R. Schaaf, SMALL BUSINESS BANKRUPTCIES UNDER BAPCPA, 26-AUG Am. Bankr. Inst. J. 46
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Michael Schreiber, MYSTERIOUS MERS, 2007 NO. 7 NRTN-BLA 3
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Reed Smith, LEASE REJECTION ORDER DID NOT INCLUDE IMPLIED PRORATION OF PAYMENT, Mondaq Article ID: 50376
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Karen Lee ("Kitt") Turner and Tara L. Lattomus, LETTERS OF CREDIT AND LANDLORD BANKRUPTCY CLAIMS: CAN ANYONE STRAIGHTEN OUT THIS MESS?, 16 J. Bankr. L. & Prac. 4 Art. 3
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G. Ray Warner, FEDERALISM AND BANKRUPTCY: DECIPHERING KATZ: INTRODUCTION, 15 Am. Bankr. Inst. L. Rev. 1
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William H. Widen, THE REALITY OF SUBSTANTIVE CONSOLIDATION: RESULTS FROM AN EMPIRICAL STUDY, 26-AUG Am. Bankr. Inst. J. 14
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David L. Woods, RECLAMATION UNDER BAPCPA: A MODEL FOR UNIFORMITY?, 26-AUG Am. Bankr. Inst. J. 40
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Anupama Yerramalli, DECIPHERING THE STATUTORY LANGUAGE OF 11 U.S.C. SECTION 1102(B)(3): INFORMATION DISCLOSURE REQUIREMENTS IMPOSED UPON CREDITORS’ COMMITTEES, 15 Am. Bankr. Inst. L. Rev. 361
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[Note: All links are to We$tlaw]
Thanks again to our new intern and second year law student, Jamie Johnson, for her help in assembling this post.
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Wednesday, October 31st, 2007
Ahh, the joy of twin boys! A great blessing no matter how you slice it. The first, David Charles, was born at 3:55 p.m. on October 1, and weighed a healthy 6 lbs. 14 oz. The picture you see of him was about 2 weeks ago, and was about the only time I could catch him not crying. Since then, the miracle of Baby Zantac has snuffed the curse my mother must have put on me for my three months of non-stop crying as a colicky baby.
Needless to say, life’s priorities have changed for me a bit since the twins’ birth, and blogging was an early victim of my sleep-deprived days. But with Baby Zantac not only having controlled Davey’s colic, but also having given me a near full night’s rest, it’s time to catch up on my "Picks of the Month" series of posts, these being for June 2007, and dedicated to my newborn son, Dave. Thanks to everyone for their good wishes this past month!
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Update - 10/31/07: My wife read the post, and wanted me to know that Davey’s colic is neither "cured" nor "controlled." Guess I’m leaving early tonight.
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Jerald I. Ancel, Paul T. Deignan, and Jeffrey J. Graham, THE NEW REAL ESTATE LEASE DILEMMA, 26-MAY Am. Bankr. Inst. J. 16
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Kevin R. Anderson, SURRENDER OF 910-VEHICLES IN CHAPTER 13: IS WHAT’S GOOD FOR THE CAR LENDER’S GOOSE GOOD FOR THE DEBTOR’S GANDER?, 2007 NO. 6 NRTN-BLA 3
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Prof. John D. Ayer, Michael L. Bernstein, Jonathan Friedland, James J. Kelley, Brian Z. Liss and Alexis M. Thomas, THE INTERSECTION OF CHAPTER 11 AND LABOR LAW, 26-MAY Am. Bankr. Inst. J. 22
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Alane A. Becket and William A. McNeal, PROJECTED DISPOSABLE INCOME IN CHAPTER 13: A MENU OF FACT, FICTION AND FORMS, 26-MAY Am. Bankr. Inst. J. 20
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Michael V. Blumenthal, Richard A. Lapping and Patrick M. Birney, DELAWARE SUPREME COURT BLOCKS CREDITOR FROM ASSERTING DIRECT CLAIMS AGAINST THE DIRECTORS OF DELAWARE CORPORATION THAT IS INSOLVENT OR OPERATING IN THE ZONE OF INSOLVENCY, Mondaq Article ID: 49132
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Michelle Campbell, Carrianne Basler and Kerri Lyman, THE TRAVELERS EFFECT, 26-MAY Am. Bankr. Inst. J. 28
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Michael Louis Catrett, MEANS TESTING AND THE VEHICLE OWNERSHIP/LEASE EXPENSE DEDUCTION: ALLOWANCE OR ACTUAL EXPENSE?, 26-JUN Am. Bankr. Inst. J. 10
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Adam M. Cole and Frederick P. Corbit, D&O INSURANCE FOR PREFERENCE CLAIMS, 26-JUN Am. Bankr. Inst. J. 42
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Mark Douglas, APPLICATION OF THE ABSOLUTE PRIORITY RULE TO PRE-CHAPTER11 PLAN SETTLEMENTS: IN SEARCH OF THE MEANING OF "FAIR AND EQUITABLE," Mondaq Article ID: 49462
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William L. Esser IV, SUBCONTRACTORS AND MATERIAL SUPPLIERS BEWARE: PREFERENCE CLAIMS IN CONTRACTOR BANKRUPTCIES, 26-JUN Am. Bankr. Inst. J. 22
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Jonathan Friedland and Michelle Fisk (Schiff Hard LLP), CHARACTERIZING THE CURRENT STATE OF RECHARACTERIZATION: RADNOR IS NOT ALL YOU NEED OT KNOW, 2007 NO. 6 NRTN-BLA 2
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John Golmant and Tom Ulrich, AGING AND BANKRUPTCY, 26-MAY Am. Bankr. Inst. J. 26
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Brian E. Greer and Joel S. Moss, GUARANTIES IN BANKRUPTCY: A PRIMER, 16 J. Bankr. L. & Prac. 3 Art. 2
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Karl Groskaufmanis, REVISITING INSIDER TRADING IN THE DEBT MARKETS: LESSONS FOR DEBT INVESTORS AND MEMBERS OF COMMITTEES IN BANKRUPTCY CASES, Mondaq Article ID: 49536
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Joel M. Gross, Prof. John D. Ayer, Michael Bernstein and Jonathan Friedland, CHAPTER 11 AND ENVIRONMENTAL LAW, 26-JUN Am. Bankr. Inst. J. 32
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Paul R. Hage, SMALL BUSINESS BANKRUPTCY PROVISIONS UNDER BAPCPA, 16 J. Bankr. L. & Prac. 3 Art. 1
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"Erik" Weiting Hsu and David W. Elmquist, CAN AN UNSECURED CREDITOR RECOVER POST-PETITION ATTORNEYS FEES?, 26-MAY Am. Bankr. Inst. J. 10
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John W. Jamb, Jr. and Austin L. McMullen, RECENT DECISIONS FROM THE APPELLATE COURTS, 2007 NO. 6 NRTN-BLA 4
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Paul D. Leake and Mark Douglas, AD HOC COMMITTEE DISCLOSURE REQUIREMENTS—A BITTER PILL TO SWALLOW FOR DISTRESSED INVESTORS, Mondaq Article ID: 49450
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Paul D. Leake and Brad B. Erens, FLYI, INC. — IMPORTANT APPLICATION OF OWENS CORNING STANDARD FOR SUBSTANTIVE CONSOLIDATION BY DELAWARE BANKRUPTCY COURT, Mondaq Article ID: 49446
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Heather Lennox, Michelle M. Harner and Eric R. Goodman, REINSTATEMENT V. CRAMDOWN: DO SECURED CREDITORS WIN OR LOSE?, 16 J. Bankr. L. & Prac. 4 Art. 4
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Kelly E. McDonald, WHEN THE BANKRUPTCY CODE, FEDERAL SECURITIES LAW AND STATE CORPORATIONS LAW COLLIDE: PART I, 26-JUN Am. Bankr. Inst. J. 20
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Zack Mosner and Karen Cordry, CHAPTER 11 AND §105(D) CASE MANAGEMENT: TAKING BACK CONTROL IN THE PUBLIC INTEREST, 26-JUN Am. Bankr. Inst. J. 12
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William L. Norton, III, REDUCTION OF CONSUMER CLAIMS UNDERS SECTION 502(K)–REAL BENEFIT OR JUST SMOKE AND MIRRORS?, 2007 NO. 6 NRTN-BLA 1
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Henry F. Owsley and Peter S. Kaufman, EXCERPT FROM DISTRESSED INVESTMENT BANKING: TO THE ABYSS AND BACK: PART I, 26-MAY Am. Bankr. Inst. J. 32
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Kristen Bowen Perry, THE COMMITTEE’S DUTY TO SHARE, POST-BAPCPA, 26-MAY Am. Bankr. Inst. J. 12
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Kelly E. McDonald, WHEN THE BANKRUPTCY CODE, FEDERAL SECURITIES LAW AND STATE CORPORATIONS LAW COLLIDE: PART I, 26-MAY Am. Bankr. Inst. J. 14
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Kenneth M. Misken and Daniel F. Blanks, AMENDED BANKRUPTCY RULE 3007: OMNIFICENT OMNIBUS OBJECTIONS OR OBJECTIONABLE ANNOYANCES?, 26-MAY Am. Bankr. Inst. J. 38
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Henry F. Owsley and Peter S. Kaufman, EXCERPT FROM DISTRESSED INVESTMENT BANKING: TO THE ABYSS AND BACK: PART II, 26-JUN Am. Bankr. Inst. J. 38
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Patrick J. Reilly and J. Kate Stickles, A PRIMER ON RECONSTITUTION OF A CREDITORS’ COMMITTEE UNDER §1102(A)(4), 26-JUN Am. Bankr. Inst. J. 48
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Michael P. Richman and Geoffrey S. Goodman, COMMUNICATING WITH UNREPRESENTED PARTIES: ETHICAL ISSUES FOR THE ESTATE PROFESSIONAL, 26-JUN Am. Bankr. Inst. J. 24
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Jack Seward, ETHICAL DILEMMAS ARISING FROM ELECTRONICALLY STORED INFORMATION, 26-JUN Am. Bankr. Inst. J. 54
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Jack Seward, THE ETHICAL DILEMMAS FACING DEBTOR’S COUNSEL IN CONSUMER AND BUSINESS CASES, 26-MAY Am. Bankr. Inst. J. 34
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Sandy Shandro and Paul Sidle, BUSINESS RATES AND ADMINISTRATION EXPENSES, 26-MAY Am. Bankr. Inst. J. 30
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Michael D. Sousa, OF PROLOGUE AND PRESENT: SELECTED RECENT DEVELOPMENTS IN THE REJECTION OF COLLECTIVE BARGAINING AGREEMENTS IN BANKRUPTCY, 16 J. Bankr. L. & Prac. 3 Art. 3
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Michael D. Sousa, THE JURISPRUDENTIAL UNDERPINNINGS OF THE UNIFORM COMMERCIAL CODE: A REFLECTION OF REALIST THEORISTS, 26-JUN Am. Bankr. Inst. J. 44
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David B. Stratton, Daniel J. DeFranceschi, Robert J. Dehney and Michael H. Read, A MEASURED RESPONSE TO CRITICS OF DELAWARE VENUE: PART II, 26-MAY Am. Bankr. Inst. J. 18
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Deborah L. Thorne, RECLAMATION UNDER THE NEW §546(C)(1): ILLUSORY REMEDY AS EVER, 26-JUN Am. Bankr. Inst. J. 46
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Jessica L. Wasserstrom, THE JUDICIAL SEARCH FOR OBJECTIVITY IN VALUATION, 26-JUN Am. Bankr. Inst. J. 58
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Clifford J. White III, MAKING BANKRUPTCY REFORM WORK: A PROGRESS REPORT IN YEAR 2, 26-JUN Am. Bankr. Inst. J. 16
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Daniel P. Winikka, FOCUS ON FEASABILITY, Mondaq Article ID: 49460
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[Note: All links are to We$tlaw]
Thanks to our new intern and second year law student, Jamie Johnson, for her help in assembling this post.
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Monday, October 29th, 2007
Know Your Credit Score? Find Out Free
by Alan Lester van der Reinje
No matter how much we prepare for disasters it never seems to be quite enough. Most people live from paycheck to paycheck and only make the minimum payments on their credit cards or loans. When disaster strikes, such as unforeseen unemployment, many find themselves [...]
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Thursday, October 25th, 2007
If you’re in Las Vegas for the annual NACBA conference, stop by and visit the Start Fresh Today booth. And, if you’re not familiar with Start Fresh Today’s products, sign up for a free debtor education course demo. You can…
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Tuesday, October 16th, 2007
Will filing for bankruptcy absolve you of tax debt? I owe a lot of money in back taxes, in addition to some other extremely large financial burdens that I won’t get into now. The debt is from 2003 and 2004. I set up a payment program with the IRS and have kept up with the payments for about a year now. Now I’m on the brink of other financial difficulties and wondering if Chapter 7 will get rid of my tax debts as well. Even a bankruptcy lawyer I spoke with wasn’t sure! The laws changed in 2005 and nobody seems to know what’s going on now!
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Tuesday, October 16th, 2007
Will filing for bankruptcy absolve you of tax debt? I owe a lot of money in back taxes, in addition to some other extremely large financial burdens that I won’t get into now. The debt is from 2003 and 2004. I set up a payment program with the IRS and have kept up with the payments for about a year now. Now I’m on the brink of other financial difficulties and wondering if Chapter 7 will get rid of my tax debts as well. Even a bankruptcy lawyer I spoke with wasn’t sure! The laws changed in 2005 and nobody seems to know what’s going on now!
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Tuesday, October 16th, 2007
Will filing for bankruptcy absolve you of tax debt? I owe a lot of money in back taxes, in addition to some other extremely large financial burdens that I won’t get into now. The debt is from 2003 and 2004. I set up a payment program with the IRS and have kept up with the payments for about a year now. Now I’m on the brink of other financial difficulties and wondering if Chapter 7 will get rid of my tax debts as well. Even a bankruptcy lawyer I spoke with wasn’t sure! The laws changed in 2005 and nobody seems to know what’s going on now!
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