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Bankruptcy Code Section 1111(b)(2) Elections, Feasibility, Payment Terms, and Cramdown Interest Rate Complexities

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, June 21, 2023

Recorded event now available

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This CLE course will discuss how the Section 1111(b)(2) election allows secured and undersecured creditors to command a higher payout and preserve any future increases in the value of its collateral. The panel will discuss the increasing use of waivers of the right to object to Section 1111(b)(2) in debtor-in-possession financing, how the election affects cramdown strategies, the intersection of Section 1111(b)(2) and Subchapter V and small business cases, cramdown interest rates, and how rates inform cramdown strategies.


Dramatic drops in the value of retail, hospitality, and office properties since 2020 have a significant effect on Chapter 11 processes and strategies, especially for real estate lenders becuase valuation of real estate assets typically drives restructuring. Considerably misunderstood, the Sec. 1111(b)(2) election is particularly relevant after values fall and lenders expect real estate values increase to pre-financial crisis levels.

Sec. 1111(b)(2) makes the most sense when the lender seeks to benefit from future appreciation of values, so they cover the entire value of the loan plus accrued interest--the value of the election claim. The appropriate cramdown interest rate plays a critical role in determining the value of the lender's claim.

There are several strategic decisions in a lender's determination of whether to make the election. Real estate owners have to understand these decisions to determine whether a lender's 1111(b) election can undermine the owner's cramdown objectives.

Listen as our authoritative panel of bankruptcy practitioners discusses the 1111(b)(2) election for secured lenders, strategies for lenders in determining whether to make the elections, and cramdown strategies for debtors who face an election by their lenders. The program will also discuss cramdown interest rates and the impact rates have on cramdown strategies.



  1. Scope of the 1111(b)(2) election
  2. Mechanics and timing of the election
  3. Strategies for secured lenders in considering the election
    1. Traditional Chapter 11
    2. Subchapter V cases
  4. Impact of the election on the debtor's cramdown plan
  5. Impact of cramdown interest rates on cramdown strategies


The panel will review these and other vital questions:

  • Does the Section 1111(b) election mean different things in Subchapter V than in traditional Chapter 11 cases?
  • What opportunities does the 1111(b)(2) election present for secured lenders facing cramdown by the property owner?
  • What must real estate owners understand about the 1111(b) election to determine whether a lender's election can undermine the owner's cramdown objectives?
  • What impact does the cramdown interest rate play in determining the value of the lender's 1111(b)(2) election claim?


Pereira, Daniel M.
Daniel M. Pereira

Stradley Ronon Stevens & Young

Mr. Pereira concentrates his practice on bankruptcy, insolvency and related matters.  advises clients on a...  |  Read More

Powers, Travis
Travis Powers

White and Williams

Mr. Powers advises clients in all aspects of complex commercial insolvency and restructuring under chapters 7 and 11,...  |  Read More

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