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Credit (Bid) Where Credit's Due

By James H.M. Sprayregen, Christopher J. Marcus, David A. Agay and Benjamin J. Steele

As we discussed last month in Part One of this article, few commentators foresaw the current issues swirling around an aspect of the Bankruptcy Code ' credit bidding ' that prior to the recent bankruptcy wave rarely drew much attention. This article focuses on the ability of a secured creditor to credit bid its claims at a sale under ' 363(k) or ' 1129(b)(2)(A)(ii). Last month, we discussed credit bidding under the code, and recent drag along cases. The discussion concludes herein.

Indubitable Equivalent Cases

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