Bankruptcy Code Section 546(c), the reclamation seller and the secured creditor: a textural and policy analysis approach
Article Abstract:
The author discusses the lack of consensus in the federal district courts over the method of treating a reclamation seller's claim where there is an intervening creditor with a perfected security interest in the reclaim goods.
Publication Name: Commercial Law Journal
Subject: Law
ISSN: 0010-3055
Year: 2000
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The conundrum of an inadequately protected secured creditor
Article Abstract:
The priority status of secured creditors in bankruptcy cases is secondary to that of administrative creditors. However, the case of In re Callister has interpreted Bankruptcy Code section 507(b) to grant a higher priority to a secured creditors with a lien or other claim authorized under 507(a)(1). This is bad law for several reasons which include the tendency to second guess the bankruptcy court, the practice is discriminatory, the chilling effect on the extension of credit by administrative creditors and the reduction of Chapter 11 proceedings.
Publication Name: Commercial Law Journal
Subject: Law
ISSN: 0010-3055
Year: 1992
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The undersecured creditor's adequate protection rights in the single asset area: did the 1994 Bankruptcy Code amendments redress lender grievances?
Article Abstract:
The Bankruptcy Reform Act of 1994 amended Sections 552(b) and 363 of the Bankruptcy Code, among others, in an effort to level the playing field for undersecured creditors seeking a share of the income stream from rental or lodging property involved in 'single asset' bankruptcy reorganizations. Previously, creditors were limited to the portions of the income stream constituting cash collateral under Section 363 and meeting section 552(b) guidelines, which can be greatly affected by definitions of income in state law. The changes to these and others sections arising from the amendments, and likely interpretations by the courts, are discussed.
Publication Name: Commercial Law Journal
Subject: Law
ISSN: 0010-3055
Year: 1995
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- Abstracts: The right of a senior creditor to receive post-petition interest from a subordinated creditor's distributions: did the rule of explicitness survive the enactment of the Bankruptcy Code?
- Abstracts: Using electronic technologies in the administration of qualified retirement and welfare benefit plans. Correcting errant 403(b) plans - new IRS program
- Abstracts: Clinton won't be disbarred in office; that's prediction of ethics experts, citing delays, recusals. Heeding the call; summoned to war, lawyers leave much behind - including their practices
- Abstracts: The problem with Baker Hughes and Syufy: on the role of entry in merger analysis. Market definition with differentiated products: the Post/Nabisco cereal merger