[arin-ppml] ARIN-2012-3: ASN Transfers - Last Call

Drake Pallister drake.pallister at duraserver.com
Wed May 9 00:23:43 EDT 2012


Hello,

If an ASN or allocation is not "real property" of an assignee to be utilized 
as a "monetary asset" or "cash value", then when transfers are allowed or 
facilitated due to a bankruptcy, foreclosure, or other demise of a business; 
it needs to be examined if the involved transferring parties (bankrupt 
company, the receiver, trustee, etc) does not fold in an ASN or allocation 
as a value. Agreed there is an intrinsic value to ASNs or allocations, thus 
enhancing the potential value of a bankrupt or dead business. I'd suggest a 
temporary take back (guardianship) of such ASN, at least for safe keeping by 
ARIN so it couldn't be globed in with a company's assets (money, equipment, 
receivables) and then re-issued to the successor when ARIN was satisfied 
with the new successor. The ASN could still be allowed to function during 
that time frame as to not damage the bankrupt company's real operational 
assets like customer base, network functionality however the ASN would only 
be "on loan" for the protection of the bankrupt company's customers 
salvation. When such a bankruptcy, foreclosure or receivership was 
finalized, ARIN could re-issue the ASN to the successor, or return it to the 
original registrant should they pull out of bankruptcy (or maybe not, if the 
outcome looks devious). I hope I added something, or at least reinforced 
parts of other suggestions that had been presented,  as I know how 
bankruptcy trustees, receivers, and lien holders tend to throw a blanket 
over everything attached to an insolvent company's entire structure and 
assume it's all part of the marketable value. If such a bankrupt company was 
taken over as a whole presents a completely different picture than if the 
company is liquidated down to their pencils, and paperclips.

Respectfully,
Drake Pallister


----- Original Message ----- 
From: "Owen DeLong" <owen at delong.com>
To: "Tom Vest" <tvest at eyeconomics.com>
Cc: <arin-ppml at arin.net>
Sent: Tuesday, May 08, 2012 12:53 PM
Subject: Re: [arin-ppml] ARIN-2012-3: ASN Transfers - Last Call


>
> On May 8, 2012, at 8:43 AM, Tom Vest wrote:
>
>>
>> If the only compelling, and unequivocally consensus-supported near-term 
>> requirement with respect to ASNs is accommodating bankruptcy-related 
>> transfers, may I suggest that we immediately develop a separate proposal 
>> that is explicitly limited to ASN transfers in that specific context? I 
>> suspect that the pursuit of consensus would be easier, and the results 
>> clearer, if options for handling "involuntary" transfers, ala bankruptcy, 
>> were separated from policies covering voluntary/strategic ASN transfer 
>> interests. It's an empirical question -- but I assume there are ways to 
>> gauge whether and how the distribution of opinions on ASN transfers would 
>> change given the option of addressing "involuntary" vs. "voluntary" 
>> transfers separately...?
>>
>
> +1
>
> Owen
>
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