Initial Report Of The Joint Task Force On Deposit Account Control Agreements

10. dubna 2021 | Vít Zemčík | Nezařazené | Sdílet na Facebooku

The interest of over-insured creditors on the late interest of a bankrupt debtor Craig H. Averch, Michael J. Collins and Stephen A. Youngman, 47(3): 961-90 (May 1992) This article takes into account the applicability of contractual late interests to over-insured creditors in bankruptcy proceedings. The authors conclude that the legal structure of the Bankruptcy Act allows an oversecured creditor to obtain interest at its contractual rate, including the contractual late rate. The courts have been divided on this issue and some courts apply fair principles to deny late interest to over-insured creditors. The authors object to the application of just principles by these courts on the grounds that the „holistic“ interpretation of the bankruptcy law allows an oversecured creditor to collect and recover interest at the contractual rate. First Report of the Joint Task Force on Deposit Accounts Joint Control Agreements on Deposit Control Agreements, ABA Section of Business Law, 61(2):745-796 (February 2006) At the Crossroads: The Intersection of Federal Securities Laws and the Bankruptcy Code Wendy Walker, Mike Wiles, Alan Maza, and David Eskew, 63 (1): 125-146 (November 2007) This article examines the nature and manner in which federal securities laws and the U.S. bankruptcy code work together – and sometimes not – with an emphasis on the potential conflict between the Sarbanes-Oxley Act fair funds commission of 2 2, which allows the U.S.

market watchdog to distribute penalties and disgorged funds collected by denar companies , and the „absolute priority rule“ that prevents distributions to shareholders in Chapter 11 reorganization cases in which payment is made in all creditors. Although this potential conflict has been raised in some of the biggest bankruptcies in recent years, including Enron, WorldCom and Adelphia, this potential conflict has not been addressed directly by the courts and raises issues that should be considered by Congress. Model First Link/Second Link Intercreditor Agreement Task Force Committee on Commercial Finance, ABA Section of Business Law, 65 (3): 809-884 (May 2010) UCC Article 9: Reconciing Fundamental Property Principles and Plain Language Thomas E. Plank; 68, paragraph 2: 439-506 (February 2013) art. 9 of the Single Code of Trade, which (i) granting a security interest to personal property to guarantee payment or performance of an obligation – a „real security interest“ – and (ii) the sale of debts, which includes the principle of primary ownership of the nemo dat quod non habet – one may have a property interest that you do not have – and its episode – do not transfer what a buyer can get, and no more. However, for good political reasons, Article 9 also enacts the innovative exception of nemo dat, a priority principle for registration codified in the „First-to-File-or-Perfect“ rule, which allows an insured party who first files a funding statement to obtain a higher security interest in a safe party who first obtains a security interest and who would not otherwise be concerned.

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