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Reaffirmation: The ethical role of the debtor's attorney
(University of Kentucky College of Law Office of Continuing Legal Education, 2001)
Attachment and perfection of security interests under Revised Article 9: A "Nuts and Bolts" primer
This article covers the scope of revised Article 9, attachment, choice of law for perfection, effect of perfection, priority, perfection by filing, perfection outside Article 9 for goods covered by certificates of title, ...
"Reasonably equivalent value" in § 548 avoidance actions: An analytical framework post-In re TOUSA, Inc.
Avoidance powers in bankruptcy are designed to prevent the debtor from fraudulently siphoning away his property on the verge of bankruptcy. Usually, a trustee in bankruptcy can avoid prepetition transfers of the debtor’s ...
Distressed lender beware: How TOUSA killed the upstream guaranty
The United States Court of Appeals for the Eleventh Circuit, in its May 15, 2012 opinion In Re. TOUSA, Inc., reversed the decision of the United States District Court for the Southern District of Florida, and affirmed the ...
Settlement payment exception to avoidance powers in bankruptcy: An unsettling method of avoiding recovery from shareholders of failed closely held company LBOs
This is the first scholarly article to analyze the recent jurisprudential expansion of 11 U.S.C. § 546(e), the settlement payment exception to bankruptcy avoidance powers. This provision was originally enacted by Congress ...