Lawwly

RadLAX Gateway Hotel, LLC v. Amalgamated Bank

United States Supreme Court

132 S. Ct. 2065 (2012)

Relevant factsFree

After RadLAX (plaintiff) defaulted on a $142 million construction loan secured by all its assets, it proposed a Chapter 11 plan to auction its assets under procedures that let the Bank (defendant), as loan trustee, bid but barred it from credit-bidding -- meaning it would have to pay cash rather than offset the purchase price against the debt owed to it; RadLAX sought to confirm this plan under the cramdown provisions over the Bank's objection, but the bankruptcy court denied confirmation, and the Seventh Circuit affirmed.

IssueFree

Whether Chapter 11's cramdown provisions permit a debtor to sell an encumbered asset free and clear of a lien without allowing the lienholder to credit-bid.

Unlock the full brief

Free accounts read 20 full briefs. No card required.