Credit Bidding: Back to Basics
Author: Brian J. Lohan.; Maja Zerjal Fink.
Source: Volume 38, Number 06, June 2022 , pp.57-61(5)
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Abstract:
In this article, the authors offer a compact treatise on a secured lender’s right to credit bid obligations owed to it in a sale of a borrower’s assets. The topics covered include: the right to credit bid; the reasons to credit bid; limitations to credit bidding; the effect of loan documents; and the importance of diligence and strategy when preparing a credit bid.Keywords: Sections 363(k) and 1129(b)(2)(A)(ii) of the Bankruptcy Code; RadLAX Gateway Hotel LLC, et al. v. Amalgamated Bank, 132 S.Ct. 2065 (2012); Loan Documents
Affiliations:
1: Arnold & Porter Kaye Scholer LLP; 2: Arnold & Porter Kaye Scholer LLP.