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- Title
DETERMINING THE PROPER APPLICATION OF §546(c) TO A SELLER'S RIGHT TO RECLAIM WHEN THERE IS A PRIOR SECURED CREDITOR: A TWO PART TEST.
- Authors
Goodman, Eric
- Abstract
Discusses the development of case law concerning the application of § 546(c) of the U.S. Bankruptcy Code to the interests of reclaiming sellers when another creditor asserts a secured interest in the debtor's inventory or equipment. Issues regarding the application of § 546(c) in such circumstances; Proper application of § 546(c) to the interests of reclaiming sellers in bankruptcy; Suggestions to sellers who suspect that one of their buyers is on the edge of insolvency.
- Subjects
UNITED States; BANKRUPTCY; BANKRUPTCY claims; FRAUDULENT conveyances; DEBTOR &; creditor; CONFLICT of laws
- Publication
Emory Bankruptcy Developments Journal, 2004, Vol 20, Issue 2, p427
- ISSN
0890-7862
- Publication type
Article