Foreclosure Value | Practical Law

Foreclosure Value | Practical Law

Foreclosure Value

Foreclosure Value

Practical Law Glossary Item 8-618-4923 (Approx. 3 pages)

Glossary

Foreclosure Value

In the context of bankruptcy, the net value a secured creditor would realize from a hypothetical, commercially reasonable foreclosure sale of the creditor's collateral under applicable non-bankruptcy law.
The ABI Commission to Study the Reform of Chapter 11 determined that foreclosure value is the appropriate standard to determine whether a secured creditor's interest in property of the estate is adequately protected because it captures the value that state law foreclosure efforts would produce if the automatic stay were lifted or the bankruptcy case had not been filed.