Tracy Broadcasting Corporation v. Spectrum Scan, LLC
Court of Appeals for the Tenth Circuit
1Opinion of the Court
HARTZ, Circuit Judge.
Does a creditor with a security interest in the general intangibles (and their proceeds) of a federally licensed broadcasting company have a priority over unsecured creditors in the proceeds of the sale of the license after the company declares bankruptcy? The bankruptcy court and the district court held that it did not. We respectfully disagree. Federal law permits a licensee to grant a security interest in the economic value of its license, and Nebraska law recognizes that a security interest in the proceeds of a license sale attaches when the licensee enters into the…
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