Realization of security interest: secured creditor must intimate price and may sell unless liquidator procures higher offer. Realization of security interest requires a secured creditor to intimate the liquidator of the proposed sale price; the liquidator must inform the creditor if a higher offer is available from a third party, in which case the creditor must sell to that buyer. If no higher offer materializes or the buyer does not complete the purchase, the creditor may realize the asset in its discretion but not below the intimated price. Cost allocation depends on which route is followed, the regulation excludes enforcement under certain non-Code recovery statutes, and prohibits sale to persons ineligible to submit a resolution plan under the Code.
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Provisions expressly mentioned in the judgment/order text.
Realization of security interest: secured creditor must intimate price and may sell unless liquidator procures higher offer.
Realization of security interest requires a secured creditor to intimate the liquidator of the proposed sale price; the liquidator must inform the creditor if a higher offer is available from a third party, in which case the creditor must sell to that buyer. If no higher offer materializes or the buyer does not complete the purchase, the creditor may realize the asset in its discretion but not below the intimated price. Cost allocation depends on which route is followed, the regulation excludes enforcement under certain non-Code recovery statutes, and prohibits sale to persons ineligible to submit a resolution plan under the Code.
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