ABI Blog Exchange

As part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”), Congress added Section 562 to the Bankruptcy Code. Section 562 governs the timing of damage measurements with respect to swap agreements, securities contracts,

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What Does “Commercially Reasonable Determinants of Value” Mean Under Section 562 of the Bankruptcy Code?

2010-07-27

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Third Circuit Holds Section 1129(b)(2)(A) of the Bankruptcy Code Does Not Provide Secured Lenders With a Legal Entitlement to Credit Bid at an Auction Sale Pursuant to a Plan of Reorganization

2010-03-25

Does a secured creditor have an absolute right to acquire its collateral, which is sold pursuant to a plan of reorganization, by credit bidding its debt?

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Third Circuit Holds Section 1129(b)(2)(A) of the Bankruptcy Code Does Not Provide Secured Lenders With a Legal Entitlement to Credit Bid at an Auction Sale Pursuant to a Plan of Reorganization

2010-03-25

Does a secured creditor have an absolute right to acquire its collateral, which is sold pursuant to a plan of reorganization, by credit bidding its debt?

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Dollar Amount Revisions Under Various Sections of the Bankruptcy Code Take Effect as of April 1, 2010

2010-03-15

Pursuant to section 104(a) of the Bankruptcy Code (11 U.S.C.

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Dollar Amount Revisions Under Various Sections of the Bankruptcy Code Take Effect as of April 1, 2010

2010-03-15

Pursuant to section 104(a) of the Bankruptcy Code (11 U.S.C.

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Third Circuit Clarifies Standard For Allowance of Break-Up Fees in Section 363 Sales

2010-02-08

In a recent decision, the United States Court of Appeals for the Third Circuit further defined its standard for awarding a break-up fee to an unsuccessful “stalking horse” bidder for a debtor’s assets.

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Third Circuit Clarifies Standard For Allowance of Break-Up Fees in Section 363 Sales

2010-02-08

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Claimants Fight Subordination

2009-10-20

Over the last several years, there have been a series of decisions rendered by the federal courts of appeals that grappled with the application of §510(b) to a claim that does not readily fall within the statute’s language. Click

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