RadLAX Gateway Hotel, LLC v. Amalgamated Bank

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
11-166	7th Cir.	Apr 23, 2012 Tr.Aud.	May 29, 2012	8-0	Scalia	OT 2011

Holding: Debtors may not obtain confirmation of a Chapter 11 bankruptcy “cramdown” plan that proposes to sell substantially all of the debtors’ property at an auction, free and clear of the Bank’s lien, using the sale proceeds to repay the Bank, but that does not permit the Bank to credit-bid at the sale.

Plain English Summary: This case considers the procedures that apply when a bankrupt company wants to sell a major asset –in this case, a hotel. The lender that has a mortgage on the asset argues that it has a right to take the asset if it goes unpaid. The borrower argues that the asset should be sold and that the lender gets the asset only if it is willing to pay the most for it. The lender says this is ridiculous, because it requires the lender to put in new cash to buy an asset for which it already has an unpaid loan. The Court agreed with the lender.

Judgment: Affirmed, 8-0, in an opinion by Justice Scalia on May 29, 2012. (Kennedy, J., recused)

SCOTUSblog Coverage

Opinion analysis: Justices preserve lender prerogatives in bankruptcy auction dispute (Ronald Mann)
Argument recap: Justices see world through lender’s eyes in bankruptcy auction dispute (Ronald Mann)
Court to consider rules for bankruptcy auctions (Ronald Mann)
December grants: In Plain English (Amy Howe)
Petition of the day (Joshua Matz)

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Merits Briefs for the Petitioners

Merits Briefs for the Respondent

Brief for Amalgamated Bank

Amicus Briefs in Support of the Respondent

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Editor's Note :

RadLAX Gateway Hotel, LLC v. Amalgamated Bank

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Challengers urge justices to dismiss census case after district court ruling (Updated) – Amy Howe

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