Law360, New York (February 08, 2012, 1:12 PM ET) -- The issue is whether a Chapter 11 plan can be crammed down over the secured lender’s objection where the plan provides for the sale or transfer of the secured lender’s collateral with the proceeds going to the secured lender without the secured lender having the right to credit bid for its collateral up to the full amount of its claim.
The answer to this critical question is split among the circuit courts of appeal that most recently considered the issue. Two circuit courts, including the one...
Can Secured Creditors Credit Bid In Ch. 11 Plans?
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