Bankruptcy Reform Act of 1998: Hearing Before the Subcommittee on Commercial and Administrative Law of the Committee on the Judiciary, House of Representatives, One Hundred Fifth Congress, Second Session, on H.R. 3150 ....

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Page 103 - ABA brings together all categories of banking institutions to best represent the interests of this rapidly changing industry. Its membership — which includes community, regional and money center banks and holding companies, as well as savings associations, trust companies and savings banks — makes ABA the largest banking trade association in the country.
Page 69 - For several years the Advisory Committee on Bankruptcy Rules of the Judicial Conference of the United States...
Page 41 - It is sufficient that each security holder in the order of his priority receives from that which is available for the satisfaction of his claim the equitable equivalent of the rights surrendered.
Page 38 - the stockholder's interest in the property is subordinate to the rights of creditors: first of secured and then of unsecured creditors.' And it went on to say that "any arrangement of the parties by which the subordinate rights and interests of the stockholders are attempted to be secured at the expense of the prior rights of either class of creditors comes within judicial denunciation
Page 75 - ... to the best of his knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law...
Page 215 - ... (2) modify the rights of holders of secured claims, other than a claim secured only by a security interest in real property that is the debtor's principal residence, or of holders of unsecured claims or leave unaffected the rights of holders of any class of claims...
Page 35 - Purchase" includes taking by sale, discount, negotiation, mortgage, pledge, lien, issue or re-issue, gift or any other voluntary transaction creating an interest in property. (33) "Purchaser" means a person who takes by purchase. (34) "Remedy" means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal. (35) "Representative...
Page 214 - ... (b) Subject to subsections (a) and (c) of this section, the plan may— (1) designate a class or classes of unsecured claims, as provided in section 1122 of this title [11 USCS § 1122], but may not discriminate unfairly against any class so designated...
Page 196 - I would like to thank the subcommittee for the opportunity to present our views on the Report of the Defense Secretary's Commission on Base Realignments and Closures.
Page 215 - ... the value, as of the effective date of the plan, of property actually distributed under the plan on account of each allowed unsecured claim...