In a decision that is expected to have wide-ranging implications for secured lenders and reorganization plan sales nationwide, the Seventh Circuit’s June 28, 2011 opinion in In re River Road1 marks a jurisdictional split on the contours of credit bidding in bankruptcy. While this decision is squarely at odds with decisions of the Courts of Appeals for the Third and Fifth Circuits, its holding is in many respects a validation of Judge Ambro’s robust dissent in Philadelphia News,2 and is arguably more aligned with mainstream bankruptcy thinking on credit bidding issues.
USA, Insolvency & Restructuring, Litigation, Morrison & Foerster LLP, Bankruptcy, Credit (finance), Debtor, Collateral (finance), Interest, Dissenting opinion, Secured creditor, Debtor in possession, Title 11 of the US Code, United States bankruptcy court, Third Circuit, Seventh Circuit