American Bankruptcy Institute | Chapter 11: Claims Trading

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Chapter 11: Claims Trading

The following abstract summarizes the text of submissions made to the National Bankruptcy Review Commission. The abstract is organized by NBRC working group and topic.

The Final Report of the NBRC can be viewed on-line. To obtain a copy of any document shown below, contact the Center for Legislative Archives, Room 205, National Archives Building, Washington, D.C. 20408. The telephone number is 202/501-5350. Mr. R. Michael McReynolds, Deputy Director, will be able to assist with specific inquiries. (The NBRC documents will be housed at this location until June, 1999. Thereafter, the records will be transferred to the Center's archives in College Park, MD.)

ID	Name	Group	Other	Code Sec	Cross Ref	Problem Referenced	Proposed Solutions
NBRC-0320	Robert M. Zinman, on behalf of the Bankruptcy Institute	American Bankruptcy Institute ("ABI")	Numerous position papers, memoranda and research material	Claims Trading		None.	Claims trading should not be restricted but the court should have the authority to adjust the rights of the claimants if adequate disclosure has not been made in connection with the sale of the claim (no additional details provided).
NBRC-0824	Burton R. Lifland	Bankruptcy Judge, Southern District of New York	Memorandum Decision and Order Denying Motion to Appoint Examiner Pursuant to 11 U.S.C. §§ 105(a) and 1104(c).	Claims Trading	1104(c)(2)	Author is forwarding an opinion he wrote in a bankruptcy case in which there was a request pursuant to 11 U.S.C. § 1104(c)(2) for the mandatory appointment of an examiner. The opinion also deals with some of the many problems that can and do arise in the context of claims trading.	"I would suggest that, in its deliberations, the Committee ought to review a patential modification of 11 U.S.C. § 1104(c)(2) as well as the negative and positive aspects of post-petition claims trading.
NBRC-0927	Daniel A. Zazove	Attorney	Copies of pleadings In re OBT Partners	Claims Trading		"I understand the Bankruptcy Review Commission is examining the issue of claim purchasing. These set of pleadings may be of interest or assistance to you."	N/A
NBRC-0927	Daniel A. Zazove	Attorney	Copies of pleadings In re OBT Partners	Claims Trading		Author is forwarding additional pleadings filed in a case involving claims purchasing.	N/A