‘Oops’ and ‘Mea Culpa’ Won’t Make a Security Interest Attach, Judge Nugent Says
When it comes to attachment and perfection of a security interest, the devil is in the details.
Court:
Seventh Circuit: Reclamation Claims Are Subordinate to DIP Financing
The 2005 amendments to Section 546(c) departed from state law under UCC § 2-702 by creating a federal rule making reclamation claims subordinate to existing secured claims and DIP financing.
Court:
Bankruptcy Oddities
Journal Issue:
‘Holder Rule’ Protects Debtors from Claims by Subsequent Holders of Consumer Paper
Holder in due course of consumer paper remains subject to the debtor’s claims against the originator of the paper.
Sometimes, a Claim Purchaser Can’t File a Claim, Delaware Judges Say
Judges Stark and Carey from Delaware distinguish between prohibiting the power and the right to assign a claim.
Court:
Banking and Bankruptcy
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