Publication Date

Fall 2002

Journal

American Bankruptcy Law Journal

Abstract

The article argues that repurchase agreements (repos) should be treated as true sales rather than secured loans under bankruptcy law to maintain financial market stability. It critiques the *In re Criimi Mae* court for misapplying the "Debtors Equity Test," which assesses whether the seller retains meaningful property rights. The analysis emphasizes the need for clear legal standards to prevent misclassification and ensure market certainty.

Volume

76

Issue

4

First Page

565

Last Page

622

Publisher

National Conference of Bankruptcy Judges (NCBJ)

Disciplines

Banking and Finance Law | Law | Securities Law

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