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Recent Decisions Affecting Secured Creditor Rights and the Potential Impact of Such Cases

Description
Cramdown interest rate (Momentive); extent of security interest (ResCap); credit-bidding (Fisker, Free Lance-Star Publishing); date of collateral valuation. Will Till and Momentive change future bankruptcies? How will pre-bankruptcy and DIP financing change? What new or different issues will arise at the beginnings and endings of cases? Will contested confirmation become the norm? Will secured lenders be less willing to support a bankruptcy process? Will include discussion of changes proposed in the ABI Commission to Study the Reform of Chapter 11’s Final Report relating to secured creditor rights.
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