Seventh Circuit Disagrees with Third on Selling Collateral Without Credit Bidding in a Cramdown: Rule of Philly Papers Rejected

Patterson Belknap Webb & Tyler LLP
Contact

The Bankruptcy Code provides that a Chapter 11 plan of reorganization may be confirmed over the opposition of a class of secured creditors whose secured claims are not being paid in full only if it provides one of the following--

(a) the secured creditors shall retain their liens to secure a right to receive a future stream of payments in an aggregate amount of at least the value of their secured claims and a present value of at least the value of their collateral;

(b) the secured creditors' collateral is sold, free and clear of their liens but subject to their right to "credit bid" at the resulting auction, with their liens transferred to the proceeds of sale; or

(c) realization by the secured creditors of the "indubitable equivalent" of their secured claims....

Please see full publication below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Patterson Belknap Webb & Tyler LLP | Attorney Advertising

Written by:

Patterson Belknap Webb & Tyler LLP
Contact
more
less

Patterson Belknap Webb & Tyler LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide