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Seventh Circuit Upholds Secured Creditors’ Credit Bid Rights Under Cramdown Plan

September 2011
The Bankruptcy Strategist

On June 28, 2011, in a decision of great significance to secured creditors, the United States Court of Appeals for the Seventh Circuit held that secured creditors have a statutory right to credit bid their debt at an asset sale conducted under a so-called "cramdown" plan. River Rd. Hotel Partners, LLC v. Amalgamated Bank, ___ F.3d ____, 2011 WL 2547615 (7th Cir. Jun. 28, 2011). This decision is directly at odds with recent decisions in the Third and Fifth Circuits regarding a secured creditor's right to credit bid under a plan. See In re Phila. Newspapers, 599 F.3d 298 (3d Cir. 2010); In re Pacific Lumber Co., 584 F.3d 229 (5th Cir. 2009).