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- Title
Pacific Lumber and Philadelphia Newspapers: The Eradication of a Carefully Constructed Statutory Regime Through Misinterpretation of Section 1129(b)(2)(A) of the Bankruptcy Code.
- Authors
Brookner, Jason S.
- Abstract
The article focuses on decisions issued by the Fifth and Third Circuit Courts of Appeals which uphold the sale of a secured creditor's collateral under a chapter 11 plan, depriving the creditor of its right to credit bid in the U.S. These decisions have changed the historical interpretation and creditor expectation under section 1129(b)(2)(A) of the Bankruptcy Code. It asserts that the "Philadelphia Newspapers LLC" and Pacific Lumber Co. courts misinterpreted section 1129(b)(2)(A).
- Subjects
UNITED States; BANKRUPTCY; LIQUIDITY (Economics); DEBTOR &; creditor; COLLATERAL security; UNITED States. Court of Appeals (5th Circuit); UNITED States. Court of Appeals (3rd Circuit); PHILADELPHIA Newspapers LLC; PACIFIC Lumber Co.; ACTIONS &; defenses (Law)
- Publication
American Bankruptcy Law Journal, 2011, Vol 85, Issue 2, p127
- ISSN
0027-9048
- Publication type
Article