Credit bid

In a U.S. bankruptcy sale under section 363(k), an eligible secured claim holder may offset its allowed claim against the purchase price of the collateral, unless the court orders otherwise for cause.

Credit bid in round numbers

Hypothetical: an eligible US$40m secured claim is fully credited against a US$40m purchase price for the relevant collateral. The credited US$40m claim is extinguished. Cash costs, senior claims and other sale obligations require separate treatment; the auction price alone does not prove fair value.

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Credit bidding depends on eligible claims and sale terms
IssueTreatment
EligibilityAllowed claim secured by the property; court may limit for cause
Purchase price offsetEligible claim credited subject to sale terms
Claim after creditReduced by the amount credited
Other obligationsCash costs and other required payments assessed separately

Source: 11 U.S.C. 363(k): credit bidding.

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