In re Munford and the trustee in bankruptcy: should Georgia's distribution statute apply to leveraged buyouts?
Article Abstract:
The issue of whether a debtor in possession should be able to apply distribution and share repurchase statutes to leveraged buyouts has been treated differently by the Fourth and Eleventh Circuits in recent cases. The Eleventh Circuit in In re Munford apparently assumed that the Georgia legislature intended that the statutes did apply, based on their underlying aim of consumer protection. The Fourth Circuit in In re C-T of Virginia, Inc. v. Barrett came to the opposite conclusion.
Publication Name: Bankruptcy Developments Journal
Subject: Law
ISSN: 0890-7862
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
The impact of bankruptcy on patent and copyright licenses
Article Abstract:
The author discusses the current state of bankruptcy law with respect to the assumption of a patent or copyright license by a trustee. The tensions between patent laws and bankruptcy laws are examined.
Publication Name: Bankruptcy Developments Journal
Subject: Law
ISSN: 0890-7862
Year: 2001
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Preventing voluntary and involuntary bankruptcy petitions by limited liability companies. Coverture and cooperation: the firm, the market, and the substantive consolidation of married debtors
- Abstracts: Community associations and bankruptcy: why postpetition assessments should not be dischargeable. Means testing under the Bankruptcy Reform Act of 1999: a flawed means to a questionable end