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Landon Mitchell
Landon Mitchell

Adversary By A.J. Macey ((INSTALL))


My Essay details the mechanics of the Two-Step. Beginning with the Texas divisive merger, the funding agreement, and forum shopping for the Fourth Circuit, the Essay fleshes out precisely how the Two-Step boxes in tort claimants. Like other scholarship, this Essay identifies the risk that such maneuvering effects a fraudulent transfer. It also goes a step further, arguing that the point of the Two-Step is not to succeed, but to delay. Fraudulent-transfer litigation in a bankruptcy consumes time because it requires an adversary proceeding, and that delay pressures tort claimants to settle. So the Two-Step can succeed as long as claimants cannot wait out the course of the bankruptcy, even if a court never declares the particular Two-Step to be a proper use of divisive merger law rather than an improper fraudulent transfer.




Adversary by A.J. Macey



Instead of playing into this delay game, this Essay argues, courts should evaluate the Texas Two-Step for good faith. Tort claimants can raise such challenges as a motion to dismiss (as some have) and thus avoid the need for a fraudulent-transfer adversary proceeding. And under current doctrine, the Two-Step likely qualifies as a bad-faith filing: In most cases, the Two-Step is a litigation tactic. And the Two-Step, invariably, is filed by an entity created solely to file for bankruptcy. Both of those are doctrinal hallmarks of bad-faith bankruptcies.


Hiccup first heard of Viggo Grimborn when Astrid reveals that he, and not Ryker, was the leader of the Dragon Hunters. They never officially met face to face until "Maces and Talons, Part 2" when Viggo's men captured Heather while Hiccup attempted to rescue her. After both Dagur and Alvin's redemption in Race to the Edge's season 3 and Defenders of Berk, Viggo has become Hiccup's primary enemy. Even after all they had been through and despite Viggo trying to kill him multiple times, the dangerous Viking himself continued to see Hiccup as a worthy adversary and had a mutual respect for one another. 041b061a72


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