Are Your Bankruptcy Rights Worth Less When You Buy at a Discount?

This panel will discuss how a number of recent bankruptcy decisions have curtailed the rights of the “new” investor, including hedge funds, to obtain the typical benefits that a buyer would otherwise be entitled to in a bankruptcy case. The focus will include a review of rulings in which a secured creditor’s rights to credit-bid in connection with a § 363 asset sale were limited and in which a hedge fund’s vote was not counted. Is this fair? Should your claim be worth less if you buy at a discount?