Seventh Circuit Reaffirms Secured Creditors’ Right to Credit Bid
In an opinion that has created the most significant bankruptcy-related circuit split in recent years, the U.S. Court of Appeals for the Seventh Circuit in In re River Road Hotel Partners, LLC1...
View ArticleStructured Dismissals (Part I of II): Another Possible Chapter 11 Exit...
As courts and commentators alike have observed in recent years, sales of substantially all assets pursuant to section 363 of the Bankruptcy Code prior to confirmation of a chapter 11 plan have become...
View ArticleRecoupment Affirmative Defense Not Extinguished by Debtor’s 363(f) Sale
On March 30, 2012, Judge Sidney H. Stein of the District Court for the Southern District of New York held that a claimant’s affirmative defense of recoupment was not extinguished by the debtor’s...
View ArticleNot So Fast – 363 Sales May Not Be Free and Clear of Future Claims
In recent years, section 363 sales have increased in prominence. According to the UCLA-LoPucki Bankruptcy Research Database, less than 4 percent of all large, public company bankruptcies were resolved...
View ArticleSo You Want to Sell (or Buy) A Company Under Section 363? Here’s How
With companies facing significant distress due to vast over-leverage, debtors have increasingly turned to asset sales under Section 363 of the Bankruptcy Code, rather than Chapter 11 plans, to dispose...
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