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Secured Creditors' Credit Bid Rights Under Cramdown Plan

By Lawrence V. Gelber, James T. Bentley and Mike Paek
November 28, 2011

On June 28, 2011, in a decision of great significance to secured creditors, the U.S. Court of Appeals for the Seventh Circuit held that secured creditors have a statutory right to credit bid their debt at an asset sale conducted under a so-called “cramdown” plan. River Rd. Hotel Partners, LLC v. Amalgamated Bank, __ F.3d __, 2011 WL 2547615 (7th Cir. Jun. 28, 2011). This decision is directly at odds with recent decisions in the Third and Fifth Circuits regarding a secured creditor's right to credit bid under a plan. See In re Philadelphia Newspapers, 599 F.3d 298 (3d Cir. 2010); In re Pacific Lumber Co., 584 F.3d 229 (5th Cir. 2009).

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