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Salt Lake County, Duchesne County, Uintah County, Washington County, and Weber County, Political Subdivisions of the State of Utah, Plaintiffs-Appellants, v. State of Utah, Delta Air Lines, Inc. and Skywest Airlines, Inc., Defendants-Appellees : Brief of Appellee
Get PDFBrief of Appellee State of Utah
On appeal from the Third Judicial District CourtJudge Kara Pettit, District Court No. 17090452
Salt Lake County, Duchesne County, Uintah County, Washington County, and Weber County, All Political Subdivisions of the State of Utah, Plaintiffs/Appellants, v. State of Utah, Delta Air Lines, Inc., and Skywest Airlines, Inc., Defendants/Appellees : Brief of Appellee
Get PDFSUPPLEMENTAL BRIEF OFAPPLLEES DELTA AIR LINES,INC. AND SKYWEST AIRLINES,INC.
ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT,SALT LAKE COUNTY, HONORABLE KARA PETTIT, DISTRICT JUDG
Salt Lake County, Duchesne County, Uintah County, Washington County, and Weber County, Political Subdivisions of the State of Utah, Plaintiffs-Appellants, v. State of Utah, Delta Air Lines, Inc. and Skywest Airlines, Inc., Defendants-Appellees : Brief of Appellee
Get PDFSupplemental Brief of Appellee State of Utah
On appeal from the Third Judicial District CourtJudge Kara Pettit, District Court No. 17090452
Charlie W. Harrison and Trena Harrison, Plaintiffs/Appellants, v. Spah Family, Ltd; Stan E. Holland; and Paige Holland, Defendants/Appellees : Brief of Appellant
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Appeal From Seventh District Court,Grand County, State of UtahCivil No. 160700035Judge Lyle R. Anderso
Roger B. Arave and Kimberly L. Arave; Janet Southwick, Trustee; Venture Development Group, LLC, Plaintiffs and Appellees, v. Pineview West Water Company Defendant and Appellant : Brief of Appellant
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On appeal from the Second Judicial District Court, Weber County,Honorable Ernie W. Jones, District Court No. 130907544
Oral Argument Requeste
Steven Eric Graham, Plaintiff/Appellant, v. Albertson\u27s LLC., Defendant/Appellee : Brief of Appellee
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On Appeal from an interlocutory order of the Third Judicial District Court,Salt Lake County, the Honorable Heather Brereton,District Court No. 180900781
ORAL ARUGMENT REQUESTE
Benjamin Arriaga, Petitioner, v. State of Utah, Respondent : Brief of Appellee
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On Writ of Certiorari to the Utah Court of Appeal
A Fresh Start to Bankruptcy Exemptions
Get PDFBankruptcy has broadly failed to deliver “fresh starts” to debtors. Too often, debtors return to states of financial distress following bankruptcy. Although bankruptcy delivers a clean slate through the discharge of debts, the efficacy of a fresh start depends on a second factor: property exemptions. While discharge frees a debtor from her existing debts, property exemptions determine what property the debtor retains upon exiting bankruptcy. For many debtors, insufficient and suboptimal property exemption laws undermine fresh starts. In fact, under current bankruptcy law, each state can reject federal bankruptcy exemptions by opting out. Bankrupt debtors in “opt-out” states are forced to rely on general state exemptions—often stingy and focused on preserving homesteads—that were not designed for bankruptcy. Existing literature explores two lines of criticism against the federal opt-out provision: (1) arguing that the law should be struck down as repugnant to constitutional notions of uniformity, supremacy, or both, and (2) making the case for repeal on normative and fairness grounds. For decades, neither solution has been forthcoming. The opt-out scheme, at first aberrant and controversial, has proved a perdurable feature of bankruptcy law. This Article advances a different approach and proposes diffusive, state-based reform solutions. Under this approach, each opt-out state would undertake a meaningful review of its existing exemptions regime in light of the federally declared rehabilitative function of bankruptcy. I propose a model, to be used in this review, involving three factors— housing agnosticism, nominal sufficiency, and allocative flexibility—as a conceptual framework for reforms. Addressing constitutional concerns, this Article argues that these innovative “bankruptcy-specific exemptions” schemes should survive constitutional scrutiny. The Article ends with discussion of the model and proposed reform framework
THE BANK OF NEW YORK MELLON as TRUSTEE FOR THE CERTIFICATE HOLDERS CWMBS SERIES 2006-HYBS; Plaintiff and Appellee. vs. Paula a. Mitchell; Defendant and Appellant. AMERICA FIRST CREDIT UNION; and PEPPERWOOD HOMEOWNERS ASSOCIATION; Defendants (not participating in appeal). : Reply Brief
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Appeal from the Orders ofthe Third Judicial DistrictCourtIssued by the Honorable Todd Shaughness