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timmaxw | 1 year ago
No, that's not the _only_ fair way. Suppose the $2B creditor bids $200M in cash and also agrees to forfeit their share of the proceeds from the sale. Then the $1B creditor would receive the entire $200M, which is more than the $167M they would have received from a $500M cash sale. The bid is effectively equivalent to $600M.
Isn't that what happened in the InfoWars case? The bankruptcy judge agreed that the structure of the Onion's bid was valid; he just said the auction would have continued for more rounds.
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