07 February 2013

Equity Survives Bankruptcy

Warning: for bankruptcy wonks only.

On January 18 the District Court for the Northern District of Illinois affirmed a decision of the Bankruptcy Court on some technical issues of the law of bailment, equity, and tracing, all in the context of the bankruptcy of a seller of livestock. The written opinion in the case, Mississippi Valley Livestock, Inc. v. J&R Farms, 2013 WL 256948 (N.D. Ill. 2013), is conclusory, which means only that the judge hasn't yet had the chance to read my piece, Third Time's the Charm: The Coming Impact of the Restatement (Third) Restitution and Unjust Enrichment in Bankruptcy (abstract here).

In Third Time's the Charm I work in a detailed way through the almost-forgotten law of equity as it pertains to interests in property. Better yet--for judges anyway--this piece will be published later this spring in the Pepperdine University Law Review. Stay tuned.

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