2A:46-6 - Alternative determinations of value
2A:46-6.Ā Alternative determinations of value
Where valuation under the provisions of section 2A:46-5 is impracticable orĀ would cause undue delay, the court, upon application 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.Ā 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 byĀ the court, shall pass to the purchaser good title, free and clear of all liensĀ of the secured creditor, such liens to be transferred to the proceeds of theĀ sale.Ā The order of sale may be either.
(a) Conditional, requiring the sale to be made by the liquidator only if theĀ secured creditor does not complete a determination by collection or creditor'sĀ sale as set forth in said section within a time fixed by the court;Ā or
(b) Absolute, requiring the sale to be made by the liquidator within a timeĀ fixed by the court.
Ā
L.1951 (1st SS), c.344.
Ā
Where valuation under the provisions of section 2A:46-5 is impracticable orĀ would cause undue delay, the court, upon application 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.Ā 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 byĀ the court, shall pass to the purchaser good title, free and clear of all liensĀ of the secured creditor, such liens to be transferred to the proceeds of theĀ sale.Ā The order of sale may be either.
(a) Conditional, requiring the sale to be made by the liquidator only if theĀ secured creditor does not complete a determination by collection or creditor'sĀ sale as set forth in said section within a time fixed by the court;Ā or
(b) Absolute, requiring the sale to be made by the liquidator within a timeĀ fixed by the court.
Ā
L.1951 (1st SS), c.344.
Ā