Section 506(a)(1) of the Bankruptcy Code provides common-sense instruction that the allowed amount of a secured claim is equal to the value of the collateral securing the claim and that a claim is unsecured to the extent the claim exceeds such collateral value. The section goes on to provide that the value of collateral ”shall be determined in light of the purpose of the valuation and of the proposed disposition or use of such property, and in conjunction with any hearing on
Recently, a chink to the armor of distressed debt purchasers resonated throughout the secondary market with the decision of the Delaware Bankruptcy Court in In re Fisker Automotive Holdings, in which the bankruptcy court limited the right to credit bid of
Without question, the bedrock of bankruptcy, particularly a successful one, is consent. Indeed, the notion of consent is threaded throughout the Bankruptcy Code and related law in respect of diverse issues ranging from the authority of the bankruptcy court to preside over certain matters, to confirmation of plans of reorganization.
Chapter 11 filings in the Southern District of Florida continue to trend downward. Since 2010, annual chapter 11 filings have declined by about 25%.