Betting on the Upside: Why Affirming River Road Favors Distressed Debt Speculators over the Rehabilitation of Businesses

The Chapter 11 bankruptcy process demands a careful balance between protecting the creditors’ rights to be repaid and allowing a failing entity the ability to restructure. The Supreme Court in RadLAX Gateway Hotel affirmed the Seventh Circuit’s holding in River Road and interpreted the Bankruptcy Code in a way that improperly shifts this balance towards the most senior creditors at the expense of business. This Note will analyze the circuit disagreement over the cramdown provision in the Bankruptcy Code and the Supreme Court’s ultimate resolution. It will argue that in light of recent trends in the credit markets - including highly liquid secondary markets for debt and aggressive lenders looking to speculate on restructuring businesses - the Supreme Court’s current interpretation of the Bankruptcy Code supports improper policy. It will also argue that consistent interpretation between two provisions in the Bankruptcy Code §§ 363 and 1129(b), focusing on balancing the needs of debtors to restructure with the rights of creditors to be repaid suggests that the Supreme Court should have interpreted the cramdown provision to grant more flexibility in plan design. This Note argues that Congress, in light of the RadLAX decision, should amend the Bankruptcy Code to better suit the goals of the modern-day bankruptcy

The Lived Experiences of High School Humanities Teachers as They Utilize an LMS to Facilitate and Support Students\u27 Learning: A Phenomenological Study

High school humanity teachers at Big Wave High School utilize the Learning Management System (LMS), Canvas, in their 1:1 program, which this phenomenological study aimed to explore and better understand its role in the blended learning environment. The theories that guided this study are Slavich and Zimbardo’s transformational teaching theory and Bandura’s social cognitive theory of self-efficacy, which help the understanding of how evolving technology can be used in the field of education and therefore guided this study to explore the central research question: What are the lived experiences of high school teachers as they utilize LMS to facilitate and support learning in a blended learning environment? This transcendental phenomenological study utilized Colaizzi’s seven steps of phenomenological research with purposive sampling of participants at a rural high school in New Jersey. Data was collected through interviews, virtual artifact analysis, and focus groups. The data collected was analyzed through coding into themes and insights following Saldaña’s method and then applied in response to the central research questions and three sub-questions. The process revealed the themes of learning outcomes, the advantages and disadvantages of the LMS influencing decisions for utilization, the perceived influences of the LMS over teaching and learning, and finally, two outliers of screentime and interpersonal connections. Overall, participants find the LMS to provide a superior organizational tool for themselves, but most of them prefer students to complete assignments on paper, and they wish professional development opportunities would allow them to explore more features with a hands-on approach. So, while teachers utilize the LMS, the utilization does not reflect its full potential

Betting on the Upside: Why Affirming River Road Favors Distressed Debt Speculators over the Rehabilitation of Businesses

The Chapter 11 bankruptcy process demands a careful balance between protecting the creditors’ rights to be repaid and allowing a failing entity the ability to restructure. The Supreme Court in RadLAX Gateway Hotel affirmed the Seventh Circuit’s holding in River Road and interpreted the Bankruptcy Code in a way that improperly shifts this balance towards the most senior creditors at the expense of business. This Note will analyze the circuit disagreement over the cramdown provision in the Bankruptcy Code and the Supreme Court’s ultimate resolution. It will argue that in light of recent trends in the credit markets - including highly liquid secondary markets for debt and aggressive lenders looking to speculate on restructuring businesses - the Supreme Court’s current interpretation of the Bankruptcy Code supports improper policy. It will also argue that consistent interpretation between two provisions in the Bankruptcy Code §§ 363 and 1129(b), focusing on balancing the needs of debtors to restructure with the rights of creditors to be repaid suggests that the Supreme Court should have interpreted the cramdown provision to grant more flexibility in plan design. This Note argues that Congress, in light of the RadLAX decision, should amend the Bankruptcy Code to better suit the goals of the modern-day bankruptcy

Envelope solitons induced by high-order effects of light-plasma interaction

The nonlinear coupling between the light beams and non-resonant ion density perturbations in a plasma is considered, taking into account the relativistic particle mass increase and the light beam ponderomotive force. A pair of equations comprising a nonlinear Schrodinger equation for the light beams and a driven (by the light beam pressure) ion-acoustic wave response is derived. It is shown that the stationary solutions of the nonlinear equations can be represented in the form of a bright and dark/gray soliton for one-dimensional problem. We have also present a numerical analysis which shows that our bright soliton solutions are stable exclusively for the values of the parameters compatible with of our theory.Comment: 9 pages, 5 figure

nlchains: A fast and accurate time integration of 1-D nonlinear chains on GPUs

We present nlchains, a software for simulating ensembles of one-dimensional Hamiltonian systems with nearest neighbor interactions. The implemented models are the α-β Fermi–Pasta–Ulam–Tsingou model, the discrete nonlinear Klein–Gordon model with equal or site-specific masses, the Toda lattice and the discrete nonlinear Schrödinger equation. The integration algorithm in all cases is a symplectic sixth order integrator, hence very accurate and suited for long time simulations. The implementation is focused on performance, and the software runs on graphical processing unit hardware (CUDA). We show some illustrative simulations, we estimate the runtime performance and the effective scaling of the cumulative error during integration. Finally, we give some basic pointers to extend the software to specific needs. Keywords: FPU, Nonlinear chain, GPU, CUD

Refraction of a Gaussian Seaway

Refraction of a Longuet-Higgins Gaussian sea by random ocean currents creates persistent local variations in average energy and wave action. These variations take the form of lumps or streaks, and they explicitly survive dispersion over wavelength and incoming wave propagation direction. Thus, the uniform sampling assumed in the venerable Longuet-Higgins theory does not apply following refraction by random currents. Proper handling of the non-uniform sampling results in greatly increased probability of freak wave formation. The present theory represents a synthesis of Longuet-Higgins Gaussian seas and the refraction model of White and Fornberg, which considered the effect of currents on a plane wave incident seaway. Using the linearized equations for deep ocean waves, we obtain quantitative predictions for the increased probability of freak wave formation when the refractive effects are taken into account. The crest height or wave height distribution depends primarily on the ``freak index", gamma, which measures the strength of refraction relative to the angular spread of the incoming sea. Dramatic effects are obtained in the tail of this distribution even for the modest values of the freak index that are expected to occur commonly in nature. Extensive comparisons are made between the analytical description and numerical simulations.Comment: 18 pages, 10 figure

Modulational instability and wave amplification in finite water depth

The modulational instability of a uniform wave train to side band perturbations is one of the most plausible mechanisms for the generation of rogue waves in deep water. In a condition of finite water depth, however, the interaction with the sea floor generates a wave-induced current that subtracts energy from the wave field and consequently attenuates the instability mechanism. As a result, a plane wave remains stable under the influence of collinear side bands for relative depths <i>kh</i> &leq; 1.36 (where <i>k</i> is the wavenumber of the plane wave and <i>h</i> is the water depth), but it can still destabilise due to oblique perturbations. Using direct numerical simulations of the Euler equations, it is here demonstrated that oblique side bands are capable of triggering modulational instability and eventually leading to the formation of rogue waves also for <i>kh</i> &leq; 1.36. Results, nonetheless, indicate that modulational instability cannot sustain a substantial wave growth for <i>kh</i> < 0.8

Accommodative facility: Assessment of variables limiting performance

Evaluation of available normative data and protocols for accommodative facility testing in school aged children shows a lack of agreement among authors, and many studies failed to include or consider the unique conditions under which this age group must be tested. This study was designed to assess variables which have been implicated in previous research as having an impact upon testing in children, and ultimately limits their usefulness. Specifically, these variables are linguistic/cognitive processing (visual-verbal automaticity), and the motor response act of turning the lens flipper. The purpose of this study was to determine the potential impact these two variables have upon the measurement of relative accommodative response time during lens rock facility testing with school children. Methods include presentation of a new testing paradigm and a unique target (Modified Landolt C). Forty-nine fourth graders and twenty-two first graders participated in a within- subjects design where each subject\u27s response time was measured for each of five separate test conditions. These conditions were designed to assess both the impact and effect the above variables may have upon performance during accommodative facility testing at these two grade levels. Results indicate: (1) Use of a flipper slows performance at both first and fourth grade levels; (2) There was no significant difference in performance either when the examiner or the subject was manipulating the flipper. This was true for both our samples of first and fourth graders. Therefore, motor dexterity is not an issue in performance; (3) Although visual-verbal response time plays a significant role in lens rock performance, relative accommodative response is a major limiting variable with each grade level; and (4) Relative accommodative response time may improve between first and fourth grade

An observational and numerical case study of a flash sea storm over the Gulf of Genoa

International audienceDuring the night between the 8 and 9 December 2006 the seawall of the Savona harbour (Liguria Region in north west of Italy) was overtopped by waves. In this work the "Savona flash sea storm" has been studied by analyzing the data recorded by meteo-marine observing stations and the data produced by high resolution meteo-marine numerical models. The data show that, due to the presence of a fast moving low pressure system, the event was characterized by a rapid transition and interaction between two different regimes of winds and related sea states. The results of the study suggest that the most damaging dynamics of the event could be correlated to a bi-modal structure of the wave spectrum. Based on this the authors suggest that a deeper study of the spectral structure of sea storms could lead to define new operational forecasting tools for the preventive evaluation of sea storms damaging potential