The Basics of the §1111(b) Election

25 Min Listen By: ABA Business Law Section


In this podcast, Elizabeth Ross and Landon G. Van Winkle examine when an undersecured creditor in a Chapter 11 bankruptcy case should consider making the election provided for under § 1111(b) of the Bankruptcy Code with regard to its claim. The podcast touches on such topics as the bifurcation of secured claims under § 506 of the Bankruptcy Code, the requirements for a secured creditor to invoke the § 1111(b) election, the benefits and drawbacks of making the election, and what facts and circumstances a secured creditor should consider when analyzing whether to make the election in a particular case.


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