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George W. Kuney's
Scholarly Papers
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1.
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George W. Kuney The University of Tennessee College of Law
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10 Sep 09
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05 Nov 09
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6 (205,300)
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Abstract:
This appendix to an earlier published article represents the author’s attempt to continue to explain the characteristics and contours of each of the judge-made forms of successor liability in the 50 states and other jurisdictions listed. These presentations should be thought of as a set of “field notes” as they are often based on sketchy, brief observations of the doctrines in jurisdictions where the reported case law is thin or where the state supreme court has not spoken. As the story of Cyr v. Offen in New Hampshire shows, at times, long standing assumptions about the doctrine can be quickly reversed or undermined.
This appendix is updated annually to track the state of the law in this field. Please note that while the author and editors are cognizant of the formalities of the blue-book form, we have chosen to abandon the use of “Id.,” in order to avoid confusion between different versions of the document.
Comments are welcome and will be incorporated into future editions of this document.
successor liability, de facto merger, mere continuation, continuity of enterprise, product line, continuing liability
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George W. Kuney The University of Tennessee College of Law Michael St. James St. James Law - San Francisco Office
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13 Nov 09
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13 Nov 09
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3 (211,258)
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Abstract:
The Bankruptcy Code provides tools that are well-suited to addressing and resolving the financial problems faced by the "Big Three" automakers and other "too big to fail" companies ("TBTF Companies"). But Chapter 11 as it presently exists would inevitably impose great harm on vendors and other interrelated businesses resulting in a ripple effect causing cascading business failures and lay-offs. With comparatively minor changes to the Bankruptcy Code, enacted in the form of a streamlined new Chapter 10, however, TBTF Companies could use the powerful tools of the bankruptcy process to remedy their core financial problems without imposing on society unnecessary and harmful cascading business failures.
bankruptcy, chapter 11, reorganization, too big to fail, automobile companies
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3.
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George W. Kuney The University of Tennessee College of Law
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04 Nov 09
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04 Nov 09
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2 (213,370)
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Abstract:
This is an edited transcript of a discussion session with law students regarding the subject of money and middle class identity and characteristics and related matters. The author is collecting interview and discussion sessions on these and similar subjects with an eye to producing a comprehensive view of current attitudes and assumptions.
Money, middle class, budgeting
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4.
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Michael St. James St. James Law - San Francisco Office George W. Kuney The University of Tennessee College of Law
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23 Mar 09
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23 Mar 09
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0 (0)
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Abstract:
The Bankruptcy Code provides tools that are well-suited to addressing and resolving the financial problems faced by the "Big Three" automakers and other "too big to fail" companies ("TBTF Companies"). But Chapter 11 as it presently exists would inevitably impose great harm on vendors and other interrelated businesses resulting in a ripple effect causing cascading business failures and lay-offs. With comparatively minor changes to the Bankruptcy Code, enacted in the form of a streamlined new Chapter 10, however, TBTF Companies could use the powerful tools of the bankruptcy process to remedy their core financial problems without imposing on society unnecessary and harmful cascading business failures.
Bankruptcy, Chapter 11, Chapter 10, TBTF, Too Big To Fail, Automobile Manufacturers
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