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The First Circuit’s decision in Malley v. Agin highlights an ongoing conflict among the federal circuit courts regarding the scope, nature and extent of the bankruptcy court’s equitable powers under §105(a) of the Bankruptcy Code. While the issue cries out for a definitive ruling by the U.S. Supreme Court, it is uncertain when and if one of these cases will reach the high court because the dollar amounts involved are often modest, as this case illustrates.
In this edition of ABF Journal’s Legal Eyes, we get a glimpse into the world of security interests in spectrum rights. For lenders and borrowers in this space, this is common knowledge, but to others, the case of Valley Bank & Trust Co. v. Spectrum Scan LLC sets a well-reasoned precedent that, as Cadwalader’s Michael Jay Cohen says, lifts the cloud on media and telecom lenders’ expectations that exists prior to this most recent decision.
FEATURES PROFILE OF SUCCESS FROM ALL FACETS TURNAROUND CORNER SPECIALTY LENDING SHOP BANKRUPTCY UPDATE LEGAL EYES FINALCUT
In analyzing the asset-based lending market at the dawn of a new year, David Gaito, SVP and regional sales manager of PNC Business Credit, notes three significant factors: 2012 was not as bad as advertised, a supply/demand imbalance remains and ABL potential in 2013 is mixed. Prudence, he notes, will be key to short- and long-term success.
40 Years of inventory, machinery and equipment disposition expertise is the foundation for our valuation intelligence. Contact Rick Briggs, Jason Rae or Mike Aho at 888-55-TIGER or visit us at: http://www.tigergroupllc.com