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Supply of Electricity May Constitute Sale of Goods Enabling Electric Supplier to A 503(b)(9) Administrative Expense Claim

In In re Erving Industries, Inc.

Supply of Electricity May Constitute Sale of Goods Enabling Electric Supplier to A 503(b)(9) Administrative Expense Claim

In In re Erving Industries, Inc.
Since the start of the financial crisis, the number of problem loans has increased as real estate values declined, credit markets tightened, and various companies struggled to survive and stay in business during this recession. For lenders wh
A Monthly Tax Report from Kentucky's State Budget Director demonstrates that Kentucky's revenue receipts increased 2.2% i
As discussed in an earlier post called "On The Rise: Bankruptcy Dollar Amounts Will Increa
As discussed in an earlier post called "On The Rise: Bankruptcy Dollar Amounts Will Increa
With the increasing numbers of companies which were once thought to be giants of industry filing for bankruptcy, more opportunities to purchase major assets are becoming available to savvy buyers looking to expand their business or asset base.&nbs
With the increasing numbers of companies which were once thought to be giants of industry filing for bankruptcy, more opportunities to purchase major assets are becoming available to savvy buyers looking to expand their business or asset base.&nbs
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?

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

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?
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?

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

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?
In what is sure to be a controversial opinion, the Third Circuit Court of Appeals (No.