The power of equitable subordination, codified at 11 U. The provisions and clauses prescribed in Therefore, federal agencies are authorized to promulgate regulations. An example would be a bank's giving a recourse loan to a real estate developer: Should the rest of PASPA be struck down as well, or can the law survive without the anti-authorization provision?
The solution was the secured loan agreement the Loan Agreementdated March 13, He incorporated the company in June and officially began operations on April 17, The insiders then lent the money on a secured basis to Salson Express, which lent it in turn to the debtor under the Loan Agreement.
The trustee asserts that in truth, the loan was a capital contribution.
Refusing to "second guess" Westmoreland's analysis of its economic position, the court concluded that Westmoreland's articulated reasons constituted an "economic necessity," in response to which the company had expressly retained the right to discharge employees.
The same is true for the sub-class of lenders called trade creditors, for prudent businesspeople assess the risk of default before allowing customers to pay for goods or services on credit.
If there is none, then a bankruptcy court cannot subordinate a claim.
The Court held that such an injunction could be granted only in extraordinary circumstances to prevent immediate irreparable injury. The Court held that the authority of the regulatory agency to issue the challenged requirement was unclear under state law.
Consequently, the requirements of Part 49 do not apply when terminating contracts for commercial items and contracting officers shall follow the procedures in this section.
Nor does it mandate abstention in all situations where a federal ruling may potentially conflict with state regulatory law or policy. A mortgage, backed by the building, might be the answer. The Younger Doctrine--Equitable Abstention 2.
But see In re Multiponics, F. If a firm cannot procure such a loan, a second possibility comes to the fore: These screenings will be conducted by Dewberry s background vendor of choice and will be conducted in compliance with all applicable federal, state, and local law.Vol.
Office of the Federal Register, National Archives and Records Administration continuing daily deposited born digital p. Table of Contents: AE RTI is an independent, nonprofit institute that provides research, development, and technical services to government and commercial clients worldwide.
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