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ANALYSIS OF CHAPTER 11’s LANDLORD CAP, GOOD FAITH, AND SOLVENT DEBTORS

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Issue:

Business

 

Written by:

Emma B

 

Date added:

August 16, 2013

 

Level:

 

Grade:

A

 

No of pages / words:

31 / 8555

 

Was viewed:

7198 times

 

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Essay content:

It is not inconceivable that the Third Circuit’s narrow conception of the scope of Chapter 11 is preferable in today’s economic context. However, Congress and not the courts should be making this determination. Additionally, even if it is the proper province of the courts to be formulating broad shifts in bankruptcy policy, there is no question that the courts should be forced to explicitly acknowledge the choices they are making, and should justify them with sound reasoning...
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It is not inconceivable that the Third Circuit’s narrow conception of the scope of Chapter 11 is preferable in today’s economic context. However, Congress and not the courts should be making this determination. Additionally, even if it is the proper province of the courts to be formulating broad shifts in bankruptcy policy, there is no question that the courts should be forced to explicitly acknowledge the choices they are making, and should justify them with sound reasoning...
displayed 300 characters

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