Review commission recommends eliminating district court-level appeals in favor of direct appeals from bankruptcy judges to the 12 regional circuit courts
Article Abstract:
The National Bankruptcy Review Commission, set up by Congress as part of the Bankruptcy Reform Act of 1994 to investigate issues relating to the Bankruptcy Code, has recommended that bankruptcy court decisions be appealed directly to federal appellate courts. This would replace the present two-tier appeal system of such decisions going first to a district court or bankruptcy appellate panel and then to the circuit court of appeals. The commission feels this change would save money and result in greater efficiency.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Lenders may prefer deeds-in-lieu to foreclosure; in deeds-in-lieu transactions, borrowers in default cede property to their lenders, often saving them time, costs
Article Abstract:
When a real estate loan workout cannot salvage a troubled property, a deed- in-lieu-of-foreclosure may offer the lender a superior alternative to foreclosing. Advantages to the deed-in-lieu, in which the borrower transfers the property to the lender in exchange for a covenant not to sue the borrower, include the chance to maintain leases and to gain information prior to acquisition. While taking possession may be faster and less expensive via the deed-in-lieu, however, it may also be slower and more costly.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Lenders seeking tol take a security interest in FCC licenses obtain only limited protection by structuring loans through subsidiaries that will hold the licenses
Article Abstract:
The article discusses bankruptcy court decisions including Tak Communications and Ridgely Communications on the rights of secured creditors and unsecured creditors in broadcasting company bankruptcies. The author claims Ridgely was the first case to see a distinction between the control rights and the priority rights to the liquidation proceeds a security interest provides This and similar decisions offer a level of protection for lenders to communications companies.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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- Abstracts: S & L suits: unjust, yes but coming to an end. The foreclosure must go on: L.A. bankruptcy judges give the hook to 'artful dodger' debtors
- Abstracts: Legal tactic compels suspicion ... or else. Ambiguous proof of conspiracy burdens the courts. Tougher standard of proof needed for forfeiture
- Abstracts: The commercial Constitution. The value of seeing things differently: Boerne v. Flores and Congressional enforcement of the Bill of Rights
- Abstracts: A few comments about the proposed revisions to UCC section 2-207: the battle of the forms taken to the limit of reason
- Abstracts: Delaware's response to inefficient, costly court systems and a comparison to federal reform. Transfers of control and the quest for efficiency: can Delaware law encourage efficient transactions while chilling inefficient ones?