Chapter Table of Contents

• Jurisdiction: United States

About the Editor 5

I. Preface 6

II. Introduction 10

Commission to Explore Overhauling Chapter 11 11

III. Constitutional and Practical Problems 15

Stern v. Marshall: A Constitutional Conundrum 16

Priming Setoff Rights 22

Canada's "Northern Lights" Could Dispel Shadow of Bear Stearns over Ch. 15 Practice 26

Impracticality of Bankruptcy Rule 2002(a)(2) 30

Absence of Reference to LLCs in the Code: An "Insider" Problem 33

Income Means Income—Except When It Doesn't 39

A Constitutional Challenge to the Automatic -Dismissal Rules 44

Separate Classification of Student Loan Debt in Chapter 13 48

Rule 3002 Fun: Does the Rule Need Negative Notice? 52

A New Twist on the Three Stooges Routine: 56

Debtor & Creditor Duck So Someone Else Gets Creamed 56

IV. Executory Contract Problems 62

Into the Brambles: Section 507(a)(4) and Executoriness 63

In re Interstate Bakeries: Self-Defining Executoriness 68

"Section 365(n) - a Call for Clarity" 71

V. Intellectual Property Problems 77

Treatment of Franchisee Leases under § 365(d) 78

Assuming Intellectual Property Licenses 82

VI. Real Estate & Environmental Problems 87

Does "Term" Equal "Time"? Calculation of Lease-Damage Claims after Early Termination 88

Fixing the Qualitech Problem by Revising § 365(h) 92

Single Asset Real Estate 97

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