Standby Letters of Credit in Bankruptcy
Douglas G. Baird
Abstract
Douglas G. Baird
Abstract
Id. at 285-86.This question arose infrequently before Twist Cap, perhaps because courts faced with the issue tended to find that they lacked the power to enjoin a transfer of money from one creditor to another, because such a transaction did not involve property that was in the debtor's possession.See Postal v. Smith (In re Marine Distributors, Inc.), 522 F.2d 791, 795 (9th Cir.1975).Twist Cap distinguished Marine Distributors on the ground that that case did not involve a bank with a security interest in the debtor's property.1 Bankr.at 285.Under the new Bankruptcy Code, however, the question of the existence of the court's power is coextensive with the question of the appropriateness of its exercise.28 U.
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Id. at 285-86.This question arose infrequently before Twist Cap, perhaps because courts faced with the issue tended to find that they lacked the power to enjoin a transfer of money from one creditor to another, because such a transaction did not involve property that was in the debtor's possession.See Postal v. Smith (In re Marine Distributors, Inc.), 522 F.2d 791, 795 (9th Cir.1975).Twist Cap distinguished Marine Distributors on the ground that that case did not involve a bank with a security interest in the debtor's property.1 Bankr.at 285.Under the new Bankruptcy Code, however, the question of the existence of the court's power is coextensive with the question of the appropriateness of its exercise.28 U.
Key concepts: Bankruptcy, Business, Financial system, Finance