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Displaying Journal Articles for Author Amir Shachmurove

100% Money-Back “Guaranty”? The Contested Application of Fraudulent-Transfer Law to Upstream and Cross-Stream Guaranties

Journal Issue:

Bankruptcy Code: 11 U.S.C. § 544, 11 U.S.C. § 548

Topic Tags:

Bankruptcy Litigation, Fraudulent Transfers, Legislation, Practice and Procedure, Finance and Banking

Creditors, Beware: Does a Trustee Qualify as a “Party-in-Interest”?

Journal Issue:

Bankruptcy Code: 523, 727, 1109, 1121

Topic Tags:

Claims, Bankruptcy Litigation, Practice and Procedure, Consumer Bankruptcy, Discharge/Dischargeability

Section 362(b)(1)’s Incorporation of Certain Civil Contempt Orders

Journal Issue:

Bankruptcy Code: 11 U.S.C. § 362

Topic Tags:

Automatic Stay, Consumer Bankruptcy, Consumer Debt, Finance and Banking, Lender Liability, Real Estate

A Once and Future Muddle: The Ever-Uncertain Relationship Between §§ 1306(a) and 1327(b)

Journal Issue:

Bankruptcy Code: 1306, 1327, 541

Topic Tags:

Bankruptcy Litigation, Creditors' Committee, Legislation, Plan Confirmation, Consumer Bankruptcy, Consumer Debt

Arbitrability of Student Loan Dischargeability

Journal Issue:

Bankruptcy Code: 523

Topic Tags:

Alternative Dispute Resolution, Claims, Bankruptcy Litigation, Legislation, Practice and Procedure, Consumer Bankruptcy, Consumer Debt, Discharge/Dischargeability, Finance and Banking

Time Is of the Essence: The Standard for a “Prompt” Cure Under § 365(b)(1)(A)

Journal Issue:

Bankruptcy Code: 11 U.S.C. § 365

Topic Tags:

BAPCPA at 10, Bankruptcy Litigation, Creditors' Committee, Executory Contracts/Leases, Legislation, Plan Confirmation, Practice and Procedure, Valuation, Consumer Bankruptcy, Consumer Debt, Discharge/Dischargeability, Mortgage, Predatory Lending, Business Reorganization, Finance and Banking

When Is a House a “Home”? Varied Dates Used to Determine a Debtor’s “Principal Residence”

Journal Issue:

Bankruptcy Code: 105, 1322

Topic Tags:

Claims, Bankruptcy Litigation, Legislation, Plan Confirmation, Consumer Bankruptcy, Consumer Debt, Discharge/Dischargeability, Mortgage, Predatory Lending

Should 707(b) Apply in Chapter 7 Cases Converted from Chapter 13

Journal Issue:

Bankruptcy Code: 105, 707 Bankruptcy Rule: 1007, 1019, 2014

Topic Tags:

Consumer Bankruptcy