Legal Opinion
In Re Philadelphia Newspapers, LLC
Court of Appeals for the Third Circuit
Decided March 22, 2010No. 09-4266, 09-4349PublishedCited by 74 opinions
1Opinion of the Court
OPINION
FISHER, Circuit Judge.
We are asked in this appeal to decide whether Section 1129(b)(2)(A) of the Bankruptcy Code requires that any debtor who proposes, as part of its plan of reorganization, a sale of assets free of liens must allow creditors whose loans are secured by those assets to bid their credit at the auction. Because subsection (iii) of Section 1129(b)(2)(A) unambiguously permits a debtor to proceed with any plan that provides secured lenders with the “indubitable equivalent” of their secured interest in the assets and contains no statutory right to credit bidding, we will…
2Cases cited35 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Sedima, S. P. R. L. v. Imrex Co.Supreme Court of the United States · 1985
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Massachusetts Mutual Life Insurance v. RussellSupreme Court of the United States · 1985
30 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Radlax Gateway Hotel, LLC v. Amalgamated BankSupreme Court of the United States · 2012
- United States v. GreenCourt of Appeals for the Seventh Circuit · 2011
- Minard Run Oil Co. v. United States Forest ServiceCourt of Appeals for the Third Circuit · 2011
- IUE-CWA v. Visteon Corp. (In Re Visteon Corp.)Court of Appeals for the Third Circuit · 2010
- In Re Tci 2 Holdings, LLCUnited States Bankruptcy Court, D. New Jersey · 2010
69 more not listed; retrieve them via the Exa API.