· 10/5/2006
HSBC Bank USA v. UAL Corp. (In Re UAL Corp.)
Citations
- 351 B.R. 916
- 2006 Bankr. LEXIS 2498
- 47 Bankr. Ct. Dec. (CRR) 73
- 2006 WL 2848609
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that location is an “essential attribute of real estate,” that a proper comparable “should provide all of the locational advantages of the subject property” and that Rash suggests that “like property should be as much like the collateral as possible”
- noting that Rash “dealt with fungible property” and that “[w]ith this sort of fungibility, valuing ‘like property’ is a relatively straightforward fact-finding endeavor” in contrast to non-fungible property, where there is not a readily accessible market price
- “Upon surrender under Pre-BAPC-PA § 1325(a)(5)(C), liquidation value was clearly the yardstick by which the allowed secured claim was determined, while, for cramdown purposes under Pre-BAPCPA § 1325(a)(5)(B
- replacement value should depend on the nature of the property and the markets available to the particular debtor; because the property at issue was not fungible, a generic wholesale valuation was inappropriate
Source: CourtListener parenthetical corpus (CC0).
Judges: Eugene R. Wedoff
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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