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Full-Text Articles in Law

Sale Of Property Of The Estate Free And Clear Of Restrictions And Covenants In Bankruptcy, Basil Mattingly Oct 2014

Sale Of Property Of The Estate Free And Clear Of Restrictions And Covenants In Bankruptcy, Basil Mattingly

Basil H. Mattingly

No abstract provided.


Re-Establishment Of Bankruptcy Review Of Oppressive Foreclosure Sales: The Interaction Of Avoidance Powers As Applied To Creditors Bid-Ins, Basil Mattingly Oct 2014

Re-Establishment Of Bankruptcy Review Of Oppressive Foreclosure Sales: The Interaction Of Avoidance Powers As Applied To Creditors Bid-Ins, Basil Mattingly

Basil H. Mattingly

No abstract provided.


Reward The Stalking Horse Or Preserve The Estate: Determining The Appropriate Standard Of Review For Awarding Break-Up Fees In § 363 Sales, Zachary Frimet Aug 2014

Reward The Stalking Horse Or Preserve The Estate: Determining The Appropriate Standard Of Review For Awarding Break-Up Fees In § 363 Sales, Zachary Frimet

Zachary Frimet

Following the surge of bankruptcies in the wake of the Great Recession, a growing and somewhat controversial trend has emerged whereby companies seeking to purchase a debtor’s assets in bankruptcy frequently make use of Section 363 of the United States Bankruptcy Code (“§ 363”). In general, § 363 sales are accomplished via public auction. This aspect of § 363 exposes initial bidders, known in bankruptcy as “stalking horses bidders”, to the risk that they will commit time and resources in pursuit of the acquisition and yet fail to succeed as the prevailing bidder. To hedge against this risk, stalking horse …


How Ideas Turn Into Law: Abi Review Commission; Bankruptcy Code At 30; Sausage-Making 101, Ingrid Hillinger Jun 2014

How Ideas Turn Into Law: Abi Review Commission; Bankruptcy Code At 30; Sausage-Making 101, Ingrid Hillinger

Ingrid Michelsen Hillinger

No abstract provided.


Presentation On Advisory Committee Report, Ingrid Hillinger Jan 2014

Presentation On Advisory Committee Report, Ingrid Hillinger

Ingrid Michelsen Hillinger

Presentation and questioning concerning Advisory Committee Report.