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Section 506 (d) of the House amendment is derived from H.R. 8200 as passed by the House and is adopted in lieu of the alternative test provided in section 506 (d) of the amendment. For purposes of section 506 (d) of the House amendment, the debtor is a party in interest.
Section 506 (d) of the House amendment is derived from H.R. 8200 as passed by the House and is adopted in lieu of the alternative test provided in section 506 (d) of the Senate amendment. For purposes of section 506 (d) of the House amendment, the debtor is a party in interest.
Bankruptcy § 506. Determination of secured status [Statutory Text & Notes of Decisions subdivisions I, II] Current as of January 01, 2024 | Updated by FindLaw Staff. (a) (1) An allowed claim of a creditor secured by a lien on property in which the estate has an interest, or that is subject to setoff under section 553 of this title, is a ...
Searchable text of the 11 USC 506 - Determination of secured status (US Code), including Notes, Amendments, and Table of Authorities.
11 U.S.C. 506 - Determination of secured status. View the most recent version of this document on this website. Summary. Document in Context.
In so ruling, the court of appeals rejected the market-based, or "wait-and-see," approach recommended by a group of secured creditors, whose subordinated claims would be rendered unsecured unless the court included projected revenues from the debtor's chapter 11 plan in the valuation analysis.
Under 11 U.S.C. § 506 (a) (1), the value of a secured claim “shall be determined in light of the purpose of the valuation and of the proposed disposition or use of such property, and in conjunction with any hearing on such disposition or use or on a plan affecting such creditor’s interest.”
Priorities. § 506. Determination of secured status. (1) An allowed claim of a creditor secured by a lien on property in which the estate has an interest, or that is subject to setoff under section 553 of this title, is a secured claim to the extent of the value of such creditor’s interest in the estate’s interest in such property, or to ...
Case law has extended Dewsnup to prohibit lien stripping on wholly unsecured liens (in Chapter 7 cases), holding that unless and until there is a claims allowance process, there is no basis for the debtor to avoid a lien under 11 U.S.C. § 506.
This Table lists the sections of former Title 11, Bankruptcy, and indicates the sections of Title 11, as revised by Pub. L. 95–598 which cover similar and related subject matter. Title 11 Former Sections Title 11 New Sections 1(1)–(3) ..... Rep. 1(4) ..... 101(12)