From jeans to genes: the evolving nature of property of the estate

Article Abstract:

Technological changes are making bankruptcy court determinations of what constitutes 'property' for the determination of bankruptcy estates increasingly difficult. Internet-related property, such as intangible cybercompanies and domain names, are likely to raise difficult issues of value and ownership. Property created by biotechnology, such as frozen embryos and genetic material, will raise many complex issues involving the characterization of new 'things' as persons or property.

High technology, Property, Biotechnology

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It's all fun and games until somebody declares bankruptcy: a debtor's right to season ticket holder status

Article Abstract:

Bankruptcy courts inconsistently interpret bankruptcy trustees' ability to sell season ticket renewals for professional sports teams as part of bankruptcy estates. Instead of viewing ticket renewals as similar to renewing a lease or a liquor license courts should apply contract law. Contract law will increase trustees' confidence in their ability to sell ticket renewal rights in order to maximize the bankrupt estate.

Recreation, Valuation, Amusements

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Offshore asset protection trusts: testing the limits of judicial tolerance in estate planning

Article Abstract:

Americans need to be careful before placing their assets in an offshore asset protection trust in order to insulate property from creditors after a bankruptcy petition has been filed. The courts may employ civil and criminal contempt powers in order to coerce compliance with their orders or to punish willful noncompliance.

Interpretation and construction, Bankruptcy law, Estate planning, Spendthrift trusts

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