On May 26, 2017, an en banc panel of the Ninth Circuit Court of Appeals issued an opinion with important ramifications for secured lenders in In re Sunnyslope Housing Limited Partnership.[1] The Ninth Circuit held that for purposes of determining the amount of a secured claim under a Chapter 11 plan, the collateral must be valued based on the debtor’s proposed post-reorganization use of the property, even if the collateral would generate more value in a foreclosure sale.
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