Stephen Selbst published an article in The Review of Banking & Financial Services in which he notes that credit bidding has become more prevalent and more controversial in chapter 11 sales of collateral. Stephen reviews the Supreme Court's historically strong endorsement of the right of a secured lender to a credit bid and how that right has since been narrowed for cause beginning with In re Fisker Automotive Holdings, Inc.
To read the article, please click: Credit Bidding After Fisker.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.