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Kuney on the Chrysler Section 363 Transaction

By Lawrence Solum

George W. Kuney (University of Tennessee College of Law) has posted Vacating Chrysler on SSRN. Here is the abstract:

This article examines the Chrysler section 363 transaction and the opinions that approved it. Chrysler may be merely another example of good facts and a crisis making what is, perhaps, bad law, which has been a pattern in the evolution of chapter 11 jurisprudence since the Bankruptcy Code was enacted in 1978. The Supreme Court appears to have recognized this in the Chrysler case and took the opportunity created by the petition for the certiorari to attempt to wipe the slate clean and reestablish the pre-Chrysler status quo. If this was the Justices? intent, it is not clear that they succeeded and, if past events are taken as predictive, more likely that they did not.

Full post as published by Legal Theory Blog on June 17, 2010 (boomark / email).