[arin-ppml] ARIN-prop-170 Transfer of Number Resources in caseof Bankruptcy

[John Curran]

On May 12, 2012, at 11:17 PM, Drake Pallister wrote:

> Ah the holding pen is another good name for a place to keep the resources safe during any proceedings.

Mr. Pallister - 

  In many ways, a "holding pen" is what occurs already in bankruptcy
  proceedings with respect to contracts and services, as the courts 
  will require uninterrupted services in many cases to avoid impact
  to the estate.  This is done under supervision of the bankruptcy
  court, as it has jurisdiction in these matters which comes first.
 
  Please reference attached email regarding taking actions specific 
  to resources entering bankruptcy proceedings.

Thanks!
/John

John Curran
President and CEO
ARIN

Begin forwarded message:

> From: John Curran <far2inscrutable at me.com>
> Subject: Re: [arin-ppml] ARIN-prop-170 Transfer of Number Resources in	case	of Bankruptcy
> Date: May 11, 2012 10:08:42 AM EDT
> To: Kevin Kargel <kkargel at polartel.com>
> Cc: Owen DeLong <owen at delong.com>, Astrodog <astrodog at gmx.com>, "arin-ppml at arin.net" <arin-ppml at arin.net>
> 
> On May 11, 2012, at 6:38 AM, Kevin Kargel <kkargel at polartel.com> wrote:
> 
>> The trick to all this is that it needs a trigger.  I rather doubt that any
>> operation is going to jump up and notify ARIN when they start a bankruptcy,
>> rather they will start conversations with ARIN when numbers actually need
>> attention.  
> 
> There are some much larger issues than just notification; 
> in particular, bankruptcy courts generally take precedence 
> in any actions against an estate, and ARIN may easily be
> required to obtain the courts explicit permission before 
> doing anything with respect to the number resources.
> 
> It is very challenging to devise contract terms and policy 
> language specifically for bankruptcy estates, since the entire
> idea of bankruptcy is to prevent any potential asset from 
> leaving the estate, instead protecting it until the process can 
> arrange for obtaining maximum value to be divided up 
> among the creditors.  
> 
> Establishing specific policies for bankruptcy has complex 
> legal aspects; if policy is proposed in this area, we will 
> endeavor to get appropriate level of legal review.
> 
> Thanks!
> /John
> 
> John Curran
> President and CEO
> ARIN