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2021 New York Laws
DCD - Debtor and Creditor
Article 2-A - Secured Creditors
35 - Alternative Determinations of Value.

Universal Citation:
NY Debt & Cred L § 35 (2021)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
§  35.  Alternative determinations of value. Where valuation under the
provisions of section thirty-four is impracticable or would cause  undue
delay,  the  court,  upon petition by either the secured creditor or the
liquidator, may order the value of the security determined by any of the
following methods:

(1) By compromise, if the secured creditor and the liquidator agree upon a value. The liquidator may redeem such assets by payment of the agreed value, if authorized by the court.

(2) By litigation, through proceedings in the liquidation proceeding. The liquidator may redeem such assets by paying the value so determined, if authorized by the court.

(3) By liquidator's sale of the assets which, when completed and approved by the court, shall pass to the purchaser good title, free and clear of all liens of the secured creditor, such liens to be transferred to the proceeds of the sale. The order of the sale may be either

(a) Conditional, requiring the sale to be made by the liquidator only if the secured creditor does not complete a determination by collection or creditor's sale as set forth in section thirty-four of this article within a time fixed by the court; or

(b) Absolute, requiring the sale to be made by the liquidator within the time fixed by the court.

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