N.Y. Debtor & Creditor Law Section 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 § 34 (Determination of value by secured creditor)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.

Source: Section 35 — Alternative determinations of value, https://www.­nysenate.­gov/legislation/laws/DCD/35 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

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Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 35’s source at nysenate​.gov

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