Cross-jurisdictional remands
Article Abstract:
The practice of cross-jurisdictional remand refers to a federal court remanding a case to a state court not in the federal court's district. Courts have attempted to allow cross-jurisdictional remands based on creative interpretations of statutes. If the relevant statutes are interpreted in a way that reconciles them with each other and with Supreme Court jurisprudence, it can be seen that cross-jurisdictional remands should not be permitted.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 2003
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Quieting the rebellion: eliminating payment of prepetition debts prior to Chapter 11 reorganizations
Article Abstract:
Federal district courts have sometimes allowed business enterprises petitioning for Chapter 11 reorganizations to make prepetition payments to suppliers who are deemed crucial to the continued operation of the reorganizing companies. Federal appellate courts, however, have rejected this course of action as violating the spirit of the Bankruptcy Code. The view of the appellate courts is correct and should prevail.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 2003
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