Incentive Insider

It is probably obvious that much of the content posted here is derived (wholesale stolen) from papers that I write for any given class. While I have one paper ready to post, I am waiting until grades are released for that course before doing so.

III. The Path ForwardIn addition to the confusion regarding how a court should decide the issues of both policy and statutory construction, there remains the question of how these areas should be weighted if they result in different conclusions.

II. A Tale of Two QuestionsThe disagreement among the courts focuses on two main areas: whether policy allows a secured tax claim to vote, and whether the statutory language permits it.

B. Class Not all courts agree that a secured tax claim should be prohibited from having a status of a voting class. Several of the courts that ultimately decided against the class status at least recognized the arguments for it.