Bankruptcy and State Sovereignty: <i>BFP</i>

Tür:

Kitap Bölümü

Yayın yılı:

2017

Yayıncı:

Cambridge University Press

Our last case presents a paradigmatic example of our thesis in action. BFP v. Resolution Trust Corporation pitted relatively plain statutory language supporting the debtor-in-possession against policy interests supporting a secured creditor. Following upon Ron Pair, an important explanation for the Court's decision to favor policy over the language of the statute was its perception of a need to protect the availability of non-bankruptcy remedies for secured creditors. Parallel to that argument, we see here the Solicitor General appearing (as is so often the case) in support of the secured creditors, successfully arguing to limit the effects of bankruptcy on the rights of secured creditors.

Künye/erişim: kaynak bağlantısı