§ 363(k)

Pixius Communs, In re

Ruling: 
New, post-auction credit bid on estate assets from members of debtor was not eligible forconsideration. (Bankr. D. Kan.)
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Commercial case opionion summary, case decided on March 10,2020, LexisNexis #0420-058

160 Royal Palm, In re

Ruling: 
Debtor's motion to limit credit bidding granted where creditor had neither a lien nor anallowed claim and was not permitted to credit bid under the explicit text of 11 U.S.C. § 363(k).(Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on February 25,2019, LexisNexis #0419-029

In re Charles St. African Methodist Episcopal Church

Ruling: 
Bank could credit bid at debtor's sale of real property securing its loan.
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Commercial case opionion summary, case decided on May 14,2014, LexisNexis #0614-111

In re Free Lance-Star Publ. Co.

Ruling: 
Secured creditor's credit bid limited to extent of valid perfected lien.
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Commercial case opionion summary, case decided on April 14,2014, LexisNexis #0514-045

In re Fisker Auto. Holdings Inc.

Ruling: 
Creditor's credit bid allowed in limited amount to ensure fairness in bankruptcy process.
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Commercial case opionion summary, case decided on January 17,2014, LexisNexis #0214-041

In re Daufuskie Island Props. LLC

In connection with the sale of assets of the bankruptcy estate by auction, which included credit bidding, certain issues arose regarding the credit bidding. Those issues were decided at a hearing. The instant opinion memorialized the decisions. After an auction was held, the Trustee requested that the court confirm the successful bidders upon the conclusion of the auction.
Ruling: 
Creditor could not credit bid disputed mortgage debt.
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Commercial case opionion summary, case decided on November 09,2010, LexisNexis #1210-007

Cohen v. KB Mezzanine Fund II LP (In re SubMicron Sys. Corp.)

A creditors' committee in a bankruptcy case brought an adversary proceeding against appellee lenders challenging a sale under 11 U.S.C. § 363(b) of debtors' assets; appellant plan administrator was substituted for the committee. The district court withdrew the reference to the bankruptcy court and approved the sale. The administrator appealed.
Ruling: 
Asset sale approval was affirmed since the bankruptcy court did not err in characterizing the lenders'financing as debt rather than equity and since the lenders were allowed to credit bid the full face value of their claims against the debtor's estate.
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