Polsinelli Shughart PC Bankruptcy and Financial Restructuring In the News
Bankruptcy and Financial Restructuring Attorneys

James E. Bird
Practice Area Chair

Christopher A. Ward
Practice Area Vice Chair
Bankruptcy Report Editor

Sherry K. Dreisewerd
Justin K. Edelson
David D. Ferguson
Daniel J. Flanigan
John J. Hebert
Peter W. Ito
Shanti M. Katona
Monika J. Machen
Mary B. Martin
Jason A. Nagi
Andrew J. Nazar
Thomas J. O'Neal
Wesley D. Ray
Mark W. Roth
Philip R. Rudd
Cristel D. Shepherd
Jean Soh
Terrance M. Summers
Jerry L. Switzer, Jr.
Michael M. Tamburini
Michael W. Zimmerman

 


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December 2011

 

Bankruptcy Report Update:

U.S. Supreme Court to Resolve Circuit Conflict on Credit Bidding

By Jerry L. Switzer, Jr. and Sherry K. Dreisewerd

 

In our August 2011 Bankruptcy Report, we reported on the Seventh Circuit's decision in the Matter of River Road Hotel Partners, LLC, et al., 651 F.3d 642, 2011 WL 2547615 (7th Cir. June 28, 2011), which rejected earlier rulings by the Third and Fifth Circuits that a secured creditor did not have a right to credit bid at a sale of assets free and clear of liens under a plan of reorganization. We noted that the debtor in River Road Hotel Partners had filed a petition for a writ of certiorari to the U.S. Supreme Court. In a new development, on December 12, 2011, the Supreme Court granted the debtor's petition for a writ of certiorari, in RadLAX Gateway Hotel, LLC, et al v. Amalgamated Bank, No. 11-166. No dates have been set in the case, but argument is expected to be heard in the . A link to our earlier Report can be found here.

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