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Table of Contents
Jurisdiction | United States |
Chapter I
Introduction ...................................................................................................... 1
Chapter II
Credit Bidding Generally ................................................................................ 7
A. The Policy Behind Credit Bidding...................................................................................8
B. In re Delphi Corporation: An Illustration of the Value of Credit Bidding.................9
C. Credit Bidding Under Pre-Code Law .......................................................................... 12
1. The Right to Credit Bid Under State Law................................................................12
2. The Supreme Court's Decision in Radford: Credit Bidding as a Property Right.....................................................................................................14
3. Credit Bidding Under the Bankruptcy Act ............................................................. 15
Chapter III
Credit Bidding in § 363 Sales in Bankruptcy..............................................17
A. § 363 Sales Generally......................................................................................................18
B. Credit Bidding in § 363 Sales.........................................................................................21
C. "Cause" to Deny a Credit Bid Under § 363(k) ............................................................25
1. When There Is a Dispute as to the Validity or Amount of a Creditor's Claim or Lien..................................................................................... 26
2. When Improper or Inequitable Conduct Is Present ............................................. 31
3. When One or More Parties Fail to Comply with Court-Ordered Procedures....36
4. When Allowing Credit Bidding Will Likely Chill Bidding...................................38
5. The Loan-to-Own Conundrum and Increased Judicial Scrutiny with Respect to Credit Bidding................................................................. 44
Chapter IV
Credit Bidding Under a Plan ........................................................................55
A. Requirements for Confirmation of a Plan....................................................................56
B. Secured Creditor Cramdown: §...
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Request your trial- American Bankruptcy Institute
- Credit Bidding in Bankruptcy Sales: A Guide for Lenders, Creditors, and Distressed-Debt Investors
- Front Matter
- About the Authors
- About the Editor
- Acknowledgments
- Table of Contents
- Chapter I Introduction
- Chapter II Credit Bidding Generally
- Chapter III Credit Bidding in § 363 Sales in Bankruptcy
- Chapter IV Credit Bidding Under a Plan
- Chapter V Credit Bidding in Practice
- Chapter VI Credit Bidding's Impact on Professional Fees
- Chapter VII Conclusion
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