Blinded by the debtor's headlights: Deer Park's liquidation of United States V. Energy Resources

Article Abstract:

The 9th Circuit's decision of In re Deer Park, Inc. has extended the principles of debtor's tax allocations to chapter 11 bankruptcy liquidations. These principles were upheld for chapter 11 bankruptcy reorganizations by the Supreme Court in United States V. Energy Resources Co. Courts have typically restricted tax allocation to reorganization. The tax liability inspiring the allocation comes from IRC section 6672. In re Deer Park is a mistaken decision that will hinder IRC 6672, and a feasibility test should be used to prevent abuse of the precedent.

Cases, Taxation, Liquidation

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Article III and Title 11: a constitutional collision

Article Abstract:

The Bankruptcy Code conflicts with the Constitution's Article III, by the case or controversy criteria for court jurisdictions. Bankruptcy administration has become too much a function of the courts, and this should be changed to conform to the principles of separation of powers. Courts should judge specific disputes instead of performing financial management. The courts do not have a constitutional mandate to administer finances, but are rather carrying out a congressional mandate. Bankruptcy reform is needed.

Analysis, Constitutional law, Constitutional interpretation, Jurisprudence

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Chapter 11 bankruptcy and principles of res judicata

Article Abstract:

Res judicata plays a significant, though not central role, in Chapter 11 bankruptcies. The period of time over which a Chapter 11 plan is implemented along with the the finality of the proceeding generally. displaces the usual role of the doctrine of res judicata in bankruptcy proceedings. Given the peculiarities of the bankruptcy process, conversion or dismissal are always options for those who which to challenge the reorganization.

Bankruptcy Law, Other Justice, Public Order, and Safety Activities, Laws, regulations and rules, Res judicata

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