DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

126023P.pdf   10/11/2012  U.S. Bank National Association  v.  Lewis & Clark Apartments
   U.S. Court of Appeals Case No:  12-6023
   U.S. Bankruptcy Court for the Eastern District of Missouri - St. Louis   
[PUBLISHED] [Federman, Author, with Chief Judge Kressel and Nail, Bankruptcy Judges] Bankruptcy Appellate Panel - valuation under sec.506(a). Order valuing collateral, standing alone, is not a final appealable order but leave to review this interlocutory appeal is granted, as case presents a novel issue whether tax credits and attendant use restrictions attributable to the Bank's collateral can be considered in valuing such collateral. Bankruptcy court erred in failing to attribute value to the low income tax credits that the property owner is eligible to claim, as the value of the tax credits reflects what a willing buyer would pay to purchase the property. On remand the bankruptcy court should afford the opportunity to offer additional valuation evidence.