Western Real Estate Equities, L. L. C. v. Village at Camp Bowie I, L.P.: Bypassing Congressional Intent to Enable Manipulation of the Chapter Eleven Bankruptcy Process

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Authors
Fischer, Hannah K.
Issue Date
2013
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Journal Article
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INTRODUCTION|The United States Bankruptcy Code (hereinafter sometimes referred to as "the Code") reorganization process promotes two goals: the equitable distribution among creditors and giving debtors a new start. The United States Court of Appeals for the Eighth Circuit furthers each of these goals by disallowing creditors to manipulate the reorganization process through artificial impairment of claims. In contrast, a recent ruling by the United States Court of Appeals for the Fifth Circuit ignores congressional intent by merely requiring literal compliance standard. The Fifth Circuit ruling not only creates confusion for courts that have not yet addressed the issue, but also opens the door to allow creditors to manipulate their claims, as a method to ensure bankruptcy courts will accept their reorganization plans.
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47 Creighton L. Rev. 123(2013-2014)
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Creighton University School of Law
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