A valuation standard that is difficult to swallow: interpreting s. 506(a) of the Bankruptcy Code
Article Abstract:
The US Supreme Court's ruling in Associates Commercial Corp. v. Rash confusingly stipulates that retail value rather than wholesale value is the proper valuation for secured collateral under the cram down provision in Chapter 13 section 506(a). The Court's decision contradicts the overall pattern in the Bankruptcy Code which favors foreclosure or wholesale value to be the proper valuation standard. A footnote in the opinion, however, instructs bankruptcy courts to decrease certain costs from the collateral's value, and the result after the deductions is essentially a wholesale value.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1997
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The entrenching of incumbency: reelections in the U.S. House of Representatives, 1790-1994
Article Abstract:
A study examines the rate of reelection to the U.S. House of Representatives from 1790 to 1994. The years under examination are divided into four periods, 1797-1828, 1829-1895, 1896-1957, and 1958-1994, and each period's unique history influenced attitudes toward reelection of incumbents. There was a significant and consistent rate of re-election, the average rate being 90%. Factors contributing to reelection success include financial and economic considerations plus the advantages of incumbency.
Publication Name: The Cato Journal
Subject: Political science
ISSN: 0273-3072
Year: 1995
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Cramming down the house: the valuation of collateral
Article Abstract:
The US 9th Circuit Court of Appeals correctly formulated the proper valuation of secured collateral under cram down provisions in Chapter 13 section 506(a) of the Bankruptcy Code to be the fair market value rather than a wholesale value. This approach simplifies the valuation process because parties need not negotiate risks. The Ninth Circuit's approach is consistent with congressional intent and provides bankruptcy law with logical solutions to bankruptcy problems.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1997
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Comment about this article or add new information about this topic:
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