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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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There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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