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A Credit Bid Doesn’t Cap the Value of a Secured Lender’s Collateral

Delaware district judge holds that the final bid at auction, not the lender’s last credit bid, fixes the value of the lender’s collateral.

Cramdown Doesn’t Require Strict Enforcement of Subordination, Third Circuit Says

Pragmatic opinion by Circuit Judge Ambro allows cramdown to achieve ‘rough justice.’

Tenth Circuit BAP Says that Section 364(d)(1) Can’t Be Used for Priming Lien in a Plan

In a SARE case, the BAP says that the bankruptcy court cannot deny a lift-stay motion without finding that confirmation is reasonably possible in a reasonable time.

Statutory Basis Explained for Deferring Rent in Response to the Coronavirus

Section 365(d)(3) doesn’t contain a remedy for failure to pay rent on time, Judge Huennekens says.