Credit Bidding After Fisker

December 2015The Review of Banking & Financial Services

Stephen Selbst published an article in The Review of Banking & Financial Services in which he notes that credit bidding has become more prevalent and more controversial in chapter 11 sales of collateral. Stephen reviews the Supreme Court’s historically strong endorsement of the right of a secured lender to a credit bid and how that right has since been narrowed for cause beginning with In re Fisker Automotive Holdings, Inc.