05/30/2012 08:29:00 AM EST
RadLAX Gateway Hotel, LLC v. Amalgamated Bank, 2012 U.S. LEXIS 3944 (May 29, 2012)
LexisNexis Core Overview: Sales free of liens under 11 U.S.C.S. § 1129(b)(2)(A) [an annotated version of this statute is available to lexis.com
subscribers] had to satisfy § 1129(b)(2)(A)(ii)'s requirements, not those
of both § 1129(b)(2)(A)(ii) and (iii), thus, the debtors could not sell property
free of liens under § 1129(b)(2)(A) without allowing a lienholder bank to
credit-bid, as required by § 1129(b)(2)(A)(ii)
Counsel: David M.
Neff argued the cause for petitioners.
Sarah E. Harrington
argued the cause for the United States, as amicus curiae, by special leave of
Deanne E. Maynard argued
the cause for respondent.
Judges: SCALIA, J.,
delivered the opinion of the Court, in which all other Members joined, except KENNEDY,
J., who took no part in the decision of the case.
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