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Creditors have long understood that any claims they submit for repayment in a bankruptcy might be valid, but subject to subordination in the order of payment of the bankruptcy estate's limited funds if the creditor behaved inequitably as the debtor failed. Enron's on-going bankruptcy raised many...
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Tax law (section 1031 in particular) has spawned a new investment vehicle-open tenancies in common. Tax law allows property owners to exchange into like-kind real property tax free, but finding suitable replacement property can be difficult. Real estate syndicators, recognizing a demand for...
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This article looks at the impact of human rights on other areas of law and the possible impact of a human rights codification in the EC in the context of the Draft Constitution. It examines how non-economic considerations, such as the social dimension, filtered into the body of EC law. First,...
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In Mount Laurel Township v. Mipro Homes, LLC., 878 A.2d 38 (2005), 910 A.2d 617 (2006), the New Jersey courts were faced with the question whether the local government in Mount Laurel had legitimately exercised its power of eminent domain when it acquired a piece of property zoned for...
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Can a payment in satisfaction of an antecedent debt be both a preference under section 239 of the UK Insolvency Act 1986 and therefore a transaction at an undervalue pursuant to section 238 of the UK Insolvency Act 1986?Describing it as an interesting question of law on which there was no direct...
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