Publication Date

1994

Journal

Capital University Law Review

Abstract

The article critiques the use of Chapter 11 bankruptcy for single asset real estate cases, arguing that the doctrine of artificial impairment undermines the purpose of Chapter 11 by allowing creditors to bypass valuation and unfairly dismiss cases without merit. It contends that the repeal of section 1124(3) in 1994 has created uncertainty about the viability of artificial impairment as a tactic, while courts and creditors continue to grapple with the classification and treatment of claims in these cases.

Volume

23

Issue

2

First Page

339

Last Page

378

Publisher

Capital University Law School

Disciplines

Bankruptcy Law | Law

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