Distressed Retail & Real Estate: Rebound or Reckoning?
Chapter 13 Debtors Can’t Sell Co-Owned Property Under Section 363(h)
On a question where the courts are split, Bankruptcy Judge Pamela McAfee sides with the majority and holds that a chapter 13 debtor can’t sell co-owned property.
Bankruptcy Judge Rejects a District Court’s Narrow View of Sales Free and Clear
New York’s Judge Philip Bentley interpreted Section 363(f)(5) to permit a sale free and clear whenever a creditor could conduct a foreclosure or a UCC sale.
Trustees Come in All Shapes and Sizes
A Good Faith Objection to a Sale Cannot Be Raised the First Time on Appeal
The existence of a competing bidder does not put the buyer on notice of an ‘adverse interest’ to avoid dismissal for mootness under Section 363(m), the Sixth Circuit BAP says.
Court:
In ‘363’ Sales, Three Courts Say Purdue Doesn’t Bar Injunctions Protecting Buyers
For a sale ‘free and clear,’ nondebtors can be enjoined from suing.
Show Me the Money: Litigation Finance in International Insolvency — Challenges and Opportunities
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Denial of $21 Million in Fees for Boy Scouts Ad Hoc Committee Upheld on Appeal
Delaware district court rules that debtors and trustees alone have standing to propose spending estate money outside of the ‘ordinary course.’
Court: