One of the most intriguing topics in bankruptcy law is the valuation of property in cram down cases, specifically Chapter 13 cases. This article will first present and discuss the different methods of valuation employed by the circuit courts before Associates Commercial Corp. v. Rash (Rash III) was decided by the Supreme Court and the reasoning behind these methods. The next section will discuss the opinion in Rash and the chosen method of valuation in Chapter 13 cram down cases. The third section will discuss the implications of the decision in Rash. The Article will conclude with a proposed solution to the problems presented by the decision.
Beatty, Mark E.
"How Should Property Be Valued In a Cram Down?,"
Mercer Law Review: Vol. 49
, Article 16.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol49/iss3/16