Substantive Consolidation in Bankruptcy: A Primer

Substantive consolidation is a powerful vehicle in bankruptcy by which the assets and liabilities of one or more entities are combined and treated for bankruptcy purposes as belonging to a single enterprise.Because substantive consolidation vitally affects the rights and interests of parties involved in bankruptcy proceedings, it is termed a matter pregnant with consequence \u27 and should be used with caution. Substantive consolidation is not a common occurrence because it exacts strict requirements in order to protect the parties that it affects. Be-cause substantive consolidation lacks clear statutory guidance, however,courts examine the facts of each case closely to ascertain whether consolidation is warranted. The dearth of literature on the subject led one commentator to term substantive consolidation a neglected corner of the law. \u27 As corporations increasingly use multitiered structures to gain tax advantages and perform business operations, however, substantive consolidation must be understandable and predictable so that parties in bankruptcy proceedings may avoid undesirable changes to their security status. In multi-entity cases in which the economic prejudice caused by continued entity separateness outweighs the potential prejudice that accompanies consolidation, bankruptcy\u27s equitable remedy of substantive consolidation provides relief. A creditor that lends to a specific entity must understand substantive consolidation so that the creditor\u27s bargained for expectation of satisfaction from the entity\u27s assets will not be impaired.Debtors similarly should understand substantive consolidation in order to prepare effective reorganization plans and predict court action affecting estate assets. Further, a creditor, debtor, or any party in interest should understand how substantive consolidation can be used tactically to protect a priority interest or prevent a loss of assets. Part II of this Note explores the requirements and consequences of substantive consolidation. Part III analyzes the evolution of substantive consolidation through the circuit courts. Part IV addresses ancillary issues and the tactical uses of substantive consolidation. Part V concludes that substantive consolidation is not an ill-defined trap to be feared by creditors. Because an order for consolidation requires a delicate balance of equities, creditors can expect protection generally given to them under the Bankruptcy Code

Teaching the Grid: Learning Distributed Computing with the M-grid Framework

A classic challenge within Computer Science is to distribute data and processes so as to take advantage of multiple computers tackling a single problem in a simultaneous and coordinated way. This situation arises in a number of different scenarios, including Grid computing which is a secure, service-based architecture for tackling massively parallel problems and creating virtual organizations. Although the Grid seems destined to be an important part of the future computing landscape, it is very difficult to learn how to use as real Grid software requires extensive setting up and complex security processes. M-grid mimics the core features of the Grid, in a much simpler way, enabling the rapid prototyping of distributed applications. We describe m-grid and explore how it may be used to teach foundation Grid computing skills at the Higher Education level and report some of our experiences of deploying it as an exercise within a programming course

Object Repetition Leads to Local Increases in the Temporal Coordination of Neural Responses

Experience with visual objects leads to later improvements in identification speed and accuracy (“repetition priming”), but generally leads to reductions in neural activity in single-cell recording studies in animals and fMRI studies in humans. Here we use event-related, source-localized MEG (ER-SAM) to evaluate the possibility that neural activity changes related to priming in occipital, temporal, and prefrontal cortex correspond to more temporally coordinated and synchronized activity, reflected in local increases in the amplitude of low-frequency activity fluctuations (i.e. evoked power) that are time-locked to stimulus onset. Subjects (N = 17) identified pictures of objects that were either novel or repeated during the session. Tests in two separate low-frequency bands (theta/alpha: 5–15 Hz; beta: 15–35 Hz) revealed increases in evoked power (5–15 Hz) for repeated stimuli in the right fusiform gyrus, with the earliest significant increases observed 100–200 ms after stimulus onset. Increases with stimulus repetition were also observed in striate/extrastriate cortex (15–35 Hz) by 200–300 ms post-stimulus, along with a trend for a similar pattern in right lateral prefrontal cortex (5–15 Hz). Our results suggest that experience-dependent reductions in neural activity may affect improved behavioral identification through more coordinated, synchronized activity at low frequencies, constituting a mechanism for more efficient neural processing with experience

Vibrational-Resonance Enhancement of Positron Annihilation in Molecules

A first study of positron annihilation as a function of positron energy was performed. The rate of annihilation of low-energy positrons in molecular gases was discussed. It was shown that the large observed values of annihilation rates are due to the excitation of long-lived vibrational resonances of the positron-molecule complex. The results are consistent with a theoretical model of resonant annihilation

A method for exploratory repeated-measures analysis applied to a breast-cancer screening study

When a model may be fitted separately to each individual statistical unit, inspection of the point estimates may help the statistician to understand between-individual variability and to identify possible relationships. However, some information will be lost in such an approach because estimation uncertainty is disregarded. We present a comparative method for exploratory repeated-measures analysis to complement the point estimates that was motivated by and is demonstrated by analysis of data from the CADET II breast-cancer screening study. The approach helped to flag up some unusual reader behavior, to assess differences in performance, and to identify potential random-effects models for further analysis.Comment: Published in at http://dx.doi.org/10.1214/11-AOAS481 the Annals of Applied Statistics (http://www.imstat.org/aoas/) by the Institute of Mathematical Statistics (http://www.imstat.org

Suicide Screening in Primary Care: Use of an Electronic Screener to Assess Suicidality and Improve Provider Follow-Up for Adolescents

Purpose The purpose of this study was to assess the feasibility of using an existing computer decision support system to screen adolescent patients for suicidality and provide follow-up guidance to clinicians in a primary care setting. Predictors of patient endorsement of suicidality and provider documentation of follow-up were examined. Methods A prospective cohort study was conducted to examine the implementation of a CDSS that screened adolescent patients for suicidality and provided follow-up recommendations to providers. The intervention was implemented for patients aged 12–20 years in two primary care clinics in Indianapolis, Indiana. Results The sample included 2,134 adolescent patients (51% female; 60% black; mean age = 14.6 years [standard deviation = 2.1]). Just over 6% of patients screened positive for suicidality. A positive endorsement of suicidality was more common among patients who were female, depressed, and seen by an adolescent−medicine board-certified provider as opposed to general pediatric provider. Providers documented follow-up action for 83% of patients who screened positive for suicidality. Documentation of follow-up action was correlated with clinic site and Hispanic race. The majority of patients who endorsed suicidality (71%) were deemed not actively suicidal after assessment by their provider. Conclusions Incorporating adolescent suicide screening and provider follow-up guidance into an existing computer decision support system in primary care is feasible and well utilized by providers. Female gender and depressive symptoms are consistently associated with suicidality among adolescents, although not all suicidal adolescents are depressed. Universal use of a multi-item suicide screener that assesses recency might more effectively identify suicidal adolescents

Integrating user-centred design in the development of a silent speech interface based on permanent magnetic articulography

Abstract: A new wearable silent speech interface (SSI) based on Permanent Magnetic Articulography (PMA) was developed with the involvement of end users in the design process. Hence, desirable features such as appearance, port-ability, ease of use and light weight were integrated into the prototype. The aim of this paper is to address the challenges faced and the design considerations addressed during the development. Evaluation on both hardware and speech recognition performances are presented here. The new prototype shows a com-parable performance with its predecessor in terms of speech recognition accuracy (i.e. ~95% of word accuracy and ~75% of sequence accuracy), but significantly improved appearance, portability and hardware features in terms of min-iaturization and cost

Success of organ donation after out-of-hospital cardiac death and the barriers to its acceptance

It is well documented that transplants save lives and improve quality of life for patients suffering from kidney, liver, and heart failure. Uncontrolled donation after cardiac death (UDCD) is an effective and ethical alternative to existing efforts towards increasing the available pool of organs. However, people who die from an out-of-hospital cardiac arrest are currently being denied the opportunity to be organ donors except in those few locations where out-of-hospital UDCD programs are active, such as in Paris, Madrid, and Barcelona. Societies have the medical and moral obligation to develop UDCD programs