The Supreme Court's answer raises more questions

Article Abstract:

The US Supreme Court failed to resolve conflicts among the US Courts of Appeals and US Bankruptcy Courts regarding the ability to cram down mortgages under section 1322(b)(2) of the Bankruptcy Code. Section 1322(b)(2) was intended to limit the ability of Chapter 13 debtors to modify claims secured by mortgages. Some courts have, nonetheless, approved plans that used cram down laws to bifurcate undersecured mortgages into secured and unsecured components. The Supreme Court's decision further confused the issue by allowing the debtor to bifurcate the claim but restricting the ability to cram down the unsecured portion.

Mortgages

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The only thought is in the name

Article Abstract:

The US 1st Circuit Court of Appeals confused further the question of when parties to a bankruptcy can determine the effective date of rejection of a non-residential lease under 11 U.S.C. 365(a). The court held the effective date is the time of judicial action on the rejection petition, but that courts can retroactively apply the rejection of the lease to the debtors' time of filing the petition. Creditors have little recourse against unfavorable decisions because appeals courts defer to the deciding courts' discretion unless abuses of discretion are proved.

Commercial leases, Retroactive judicial decisions

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Post-Gilmer developments in mandatory arbitration: the expansion of mandatory arbitration for statutory claims and the congressional effort to reverse the trend

Article Abstract:

Mandatory arbitration clauses in employment contracts do not appear to lessen the chances of employees receiving fair treatment in disputes with employers, but congressional action allowing more judicial review of such events may be needed to guarantee fairness and increase public acceptance. The effect of the Gilmer case on employee mandatory arbitration and likely congressional remedies are dsicussed.

Interpretation and construction, Negotiation, mediation and arbitration, Labor law, Employee dismissals, Employment terminations, Employment at will, Labor arbitration

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