Asset Sales

Claiming ‘100% of FMV,' Debtors Keep Postpetition Appreciation in Exempt Assets

Ninth Circuit BAP interprets Taylor and Schwab to mean that a trustee cannot revisit the value of an exempt asset if the debtor claimed ‘100% of FMV’ and there was no timely objection.
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Fifth Circuit Interprets Section 363(m) More Broadly than Other Circuits

Anything that is ‘integrally related’ to a sale is moot in the Fifth Circuit, according to a New Orleans district judge.

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Second Circuit Says Orderly Liquidation Value Is Proper for a Retailer in Chapter 11

The Second Circuit adapts Rash to value the lender’s collateral in chapter 11 where there was a going-concern sale.
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