Issues related to Security Interest under Bankruptcy and Reorganization Procedures

• Main Author: Suzuki, Taijiro
• Other Authors: Fadel, Mohammad
• Language: en_US
• Published: 2012
• Subjects: security; collateral; 0398
• Online Access: http://hdl.handle.net/1807/33548

This thesis examines issues related to security interest, especially the security that holds after acquired property as well as present property, which are caused by discharge under bankruptcy procedure. This thesis also examines security interest valuation issue under proposal under Bankruptcy and Insolvency Act. Both issues are related to the nature of security interest, which is, in my opinion, to hold the value of collateral at the time of realization. This thesis especially focuses on the security under after acquired clause, which holds interests in after acquired property as well as present property. In my view, the security on after acquired property has proprietary interest. It leads to the conclusion on the issue whether the security can attach to a property acquired after discharge.