Section 35. Alternative determinations of value  


Latest version.
  • 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.