Two New Cases Cast A Shadow Over Credit Bidding
Corporate Restructuring and Bankruptcy

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New York Law Journal, Monday, June 23, 2014

Two recent bankruptcy court decisions have increased uncertainty over the right of secured creditors to credit bid in sales of debtors’ assets. Relying on and expanding a rarely used “for cause” limitation on a secured
creditor’s right to credit bid under §363(k) of the Bankruptcy Code, these decisions may ultimately affect credit bidding rights in a broad swath of cases.

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